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Commission approves water easement agreement after removing FEMA-conflicting clause

August 27, 2025 | Fayette County, West Virginia


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Commission approves water easement agreement after removing FEMA-conflicting clause
County commissioners voted Aug. 20 to approve an easement agreement with American Water Company after staff agreed to remove language that could conflict with FEMA property restrictions.
John Green, a consultant representing American Water, told the commission the company was using its standard easement language but that one clause'which said the grantor reserved the right to "cultivate, pave, or otherwise use" the easement area'could not remain because the parcel is FEMA property. "Since this is FEMA property, this cannot be in that agreement," Green said.
County staff agreed to strike the provision and asked American Water to provide a signed copy with the offending language removed. A commissioner moved to approve the agreement "absent that provision," the motion was seconded and passed on voice vote.
Commission discussion focused on ensuring the final executed easement would reflect the strike and that no county reservation of paving or other incompatible uses would remain in the document. No details of the permanent easement alignment, schedule for work or contractor were reported during the meeting.

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