Martin County board directs staff to send easement templates to customers, plans executive session on a construction easement

The Martin County Water District authorized staff to prepare and mail separate easement templates to ratepayers for water and sanitation infrastructure and approved negotiation steps to obtain a construction easement for the Turkey Tank rehabilitation project.

Legal counsel explained limits under Kentucky law for imposing easements on private property and noted a KRS adverse‑possession timeframe of roughly 15 years may apply where infrastructure has existed for that duration. Counsel recommended a practical outreach program — a separate mailing with a standardized template and a follow‑up process — rather than immediate court action in most cases. “If you came up with a board‑recommended template and protocols to meet legal requirements, that would be what I would recommend,” one board member said.

The board approved a motion instructing staff (Dustin) to draft distinct water and sanitation easement templates and return them for review. Staff confirmed the district currently has about 700 recorded easements out of roughly 3,400 customer accounts and that a separate mailing would likely be required to collect the remaining agreements.

Separately, the board entered executive session to discuss legal options after counsel reported a snag in acquiring a construction easement for the Turkey Tank project and said potential legal action may be required. Upon return, the board authorized the chair to negotiate a construction easement for that project.

Why it matters: The easement effort aims to regularize access rights so staff can maintain infrastructure without recurrent access disputes and reduce the need for emergency legal interventions. The Turkey Tank easement will determine whether a time‑sensitive rehab project can proceed to procurement and construction.