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  1. #1
    Join Date
    Apr 2013
    Posts
    2

    Default Value of an Utility Easement

    My question involves an easement in the state of: CT
    There is a proposal to build a new subdivision with multiple luxury houses behind our property. Total value of the new homes is approximately $3 million. The subdivision is on a street without sewer, water, or natural gas (they would use septic, well water, and oil heat). Our property offers the subdivision the shortest distance to access these utilities which are all available on our street. How much is it worth to the builder to access utilities through our property? I would imagine that the attractiveness and therefore value of each home would be substantially higher if they had these uncommon utilities (in our area, the combination of sewer, city water, and gas heat is very rare). Moreover, other neighbors that use well water are concerned that this new subdivision would cause their wells to run low or even dry. They are also concerned about the use of septic systems in the vicinity of their wells. This is not a mandatory right of way, it is strictly an option for the developer.

  2. #2
    Join Date
    Mar 2013
    Posts
    2,715

    Default Re: Value of an Utility Easement

    Quote Quoting swenson19
    View Post
    How much is it worth to the builder to access utilities through our property?
    Between a dollar and a gazillion dollars.

    If you want to narrow it down, ask the builder.

    We can't read his mind.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,242

    Default Re: Value of an Utility Easement

    An appraiser could give you an estimate.

    They will find out:
    The permit cost and the construction cost of typical water wells and septic systems in your area.
    Whether the town/county/utility has the right of acquisition by eminent domain.
    Who owns and operates the public utilities on your frontage and their interest, if any, in extending to the proposed subdivision.
    Any other code or development issues which would affect the project.

    This is just for starters and we don't have the answers to any of those questions in front of us. If it becomes an eminent domain issue then appraisers will be involved in any court appropriation. If eminent domain is not possible, then it is just a poker game of bluff and call, and you need all of the above information to judge your prospects in negotiating.

  4. #4
    Join Date
    Apr 2013
    Posts
    2

    Default Re: Value of an Utility Easement

    I specified the total value of the subdivision thinking that there is a reasonable percentage to negotiate. Evidently, everybody just wings it.

    - - - Updated - - -

    Thank you for outlining some key points. I don't see it as an eminent domain issue because we wouldn't prevent the development from being built--it is just a matter of what utilities are provided. Although CT does have a track record of abusing eminent domain.

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,242

    Default Re: Value of an Utility Easement

    If you read my reply you would realize that no one wings it. Those who "wing it" in real estate matters come out on the short end every time.

    A lot of homework is required, and if you do not want to do it, hire someone who can. The builder and his attorney will do their homework.

  6. #6
    Join Date
    Jan 2006
    Posts
    25,852

    Default Re: Value of an Utility Easement

    the thing I see is; OP is trying to sell something the builder does not need and may not even want. That generally reduces the value of the merchandise.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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