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County attorney outlines easement limits, potential costs if pipeline removed; commissioners consider letter to GP
Summary
The county attorney reviewed a 2018 permanent 30-foot nonexclusive easement for a treated-effluent pipeline to Foley, explained common legal methods to terminate an easement and the record location, and commissioners discussed asking GP to remove pipe from county property and require road repairs if removal occurs.
The county ttorney briefed the board on legal features of a 2018 30-foot nonexclusive permanent easement granted to Foley for an effluent transmission pipeline and explained how an easement can be terminated.
The county attorney said common ways to end an easement include an express written release by the grantee, merger, abandonment (which requires proof of intent) or expiration if a term exists. He noted the easement is recorded in the county records ("book 779, beginning on page 194," he said) and emphasized that termination is not straightforward: "An easement may be extinguished by abandonment... the intent to abandon is the threshold in finding an abandonment," the county attorney explained.
Commissioners discussed pipeline removal logistics and liabilities. Staff and legal counsel highlighted that large portions of the pipeline lie under deeded county road rights-of-way and at road crossings on the route to Peterson's Landing. Board members raised concerns that partial remnants left in place could become long-term liabilities and argued any removal that disturbs county roads should require the company to repair those roads.
A presenter recommended drafting a letter to GP asserting that if the pipeline is removed on Four Rivers property, the pipe must also be removed from county property and roads must be restored. "If they dig it up on Four Rivers, it needs to come off the county property too," the presenter said, urging legal staff to prepare notice language and to include road-restoration language and liability protections.
Why it matters: easement ownership and arbitration between private parties (Four Rivers and Foley) influence whether Peterson's Landing (D002) is a viable discharge option. The county cannot unilaterally cancel the easement without agreement or legal action, and removal could carry substantial cost and road-restoration responsibilities.
Next steps: staff will prepare draft letter language for the county to send to GP and will follow up with estimates on removal and road repair costs if those become part of negotiations between private parties.
