Current through Reg. 49, No. 38; September 20, 2024
(a) The
commissioner may grant easements for any purpose, under any terms, and for any
term that the commissioner deems to be in the best interest of the
state.
(b) An easement or lease, if
granted by the commissioner, will be subject to the rules contained in this
section and will bind the grantee to comply with the following provisions:
(1) To comply with all existing rules and
with all existing and future rules or orders which the commissioner determines
to be necessary and proper in order to provide for the protection and
conservation of the natural resources of public lands and waters.
(2) To pay when due to the General Land
Office the necessary filing fee and rent determined by the commissioner to be
adequate compensation for the use of public lands.
(3) To record at grantee's expense any
easement granted by the commissioner in the office of the county clerk of the
county in which the land lies and to furnish a certificate of such recording to
the commissioner.
(c) An
applicant by accepting an easement further agrees and consents to comply with
and be bound by the following additional terms and conditions, excepting those
which the commissioner may waive in a particular case. That in the event the
easement is on submerged land and is for a transmission line construction
purpose:
(1) to bury all telephone cables
unless use of existing single pole, H-frame, or steel tower construction or
other existing structure such as a bridge or causeway is made;
(2) to encourage the joint use of electric
transmission facilities and rights-of-way by two or more utilities, when
feasible, to reduce the total number of transmission lines constructed and
rights-of-way used across public lands;
(3) to utilize, when feasible, existing
rights-of-way, bridges, and causeways as an alternative to new construction of
single pole, H-frame, or steel tower lines across open expanses of water,
wetlands, and bays;
(4) to
strategically locate steel towers, H-frame, and single pole construction for
minimum visibility and to bury lines crossing rivers within the constraints
imposed by the current state of high voltage transmission technology.
