WORKING OUTSIDE THE RIGHT-OF-WAY: SOCIAL, POLITICAL, AND LEGAL IMPLICATIONS

摘要

The objective of this paper is to increase the awareness of engineers and utility officials about the impact of private property owners on their projects, as well as tactics for addressing these issues before they can hinder a project. In the world of buried infrastructure, permanent easements are usually dedicated by developers during the land development process, particularly for publicly owned sewage collection and water distribution systems. Years later, during the design phases of an infrastructure rehabilitation/replacement project or program, a well-thought approach for handling private property owners is easily overlooked. Municipalities and consulting engineers may be unclear on the process for confirming existing permanent easements and acquiring new ones. It might also be assumed the municipality or utility can use legal action to make home owners cooperate, only to find elected officials extremely reluctant to resort to such actions when the time comes. This can result in serious delays and significant re-design efforts if property owners refuse to grant new easements necessary for the construction work. Developing and implementing a plan specifically for public relations early in the process can greatly ease these difficulties. While it certainly increases costs during the early design phases, it often means that the project will continue to move forward instead of wallowing late in the process, and it can also save money by avoiding costly re-work in later phases. A good plan also has the potential to develop good will with the public and enhance the utility's reputation.