Current through Bulletin 2024-18, September 15, 2024
1. Time of
Filing. Applications for an easement shall be received for filing in the office
of the division during office hours. Except as provided, all applications
received, whether by U.S. Mail or delivery over the counter, shall be
immediately stamped with the exact date of filing.
2. Non-refundable Application Fees and
Advertising Deposit. All applications shall be accompanied with a
non-refundable application fee as specified in R652-4 and a deposit to cover
applicable advertising costs. After review of the application, the division
shall notify the applicant of the charges pursuant to
R652-40-600.
Failure to pay the charges within 60 days of mailing of notification shall
cause the denial of the application.
3. Refunds and Withdrawals
(a) If an application for an easement is
rejected, all monies tendered by the applicant, except the application fee,
shall be refunded.
(b) Should an
applicant desire to withdraw the application, the applicant shall make a
written request. If the request is received prior to the time that the
application is approved, all monies tendered by the applicant, except the
application fee, shall be refunded. If the request for withdrawal is received
after the application is approved, all monies tendered shall be forfeited to
the division, unless otherwise ordered by the director for a good cause
shown.
4. Application
Review
(a) Upon receipt of an application,
the division shall review the application for completeness. Applicants
submitting incomplete applications shall be provided written notice of
incompleteness and shall be allowed 60 days to cure the deficiency. Incomplete
applications not remedied within the 60-day period may be denied.
(b) Application approval by the director
constitutes acceptance of the applicant's offer.
(c) The easement shall be executed by the
applicant and returned to the division within 60 days from the date of
applicant's receipt of the written easement. Failure to execute and return the
documents to the division within the 60-day period may result in cancellation
of the conveyance and the discharge of any obligation of the division arising
from the approval of the application.
