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Name: Unrecorded Utility Lines—A Second Look, by David M. Lawrence, October 2007. |
This bulletin is being issued to supersede Local Government Law Bulletin No. 114, “How Can Cities Deal with Unrecorded Utility Lines?” dated August 2007. That bulletin’s discussion remains relevant for the owner of an underground utility line if the owner does not possess the power of eminent domain. Since local governments do possess the power of eminent domain with respect to all their public enterprises, the discussion in Local Government Law Bulletin No. 114 does not apply to local governments. Local governments should look to the discussion in Local Government Law Bulletin No. 115 if they are faced with proving ownership of the easements necessary for maintenance of existing underground utility lines.
Link to free, online version in PDF format.
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