Southern Black Hills Water

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      • January 25, 2023
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    • 2017 >
      • January 26, 2017
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      • May 25, 2017
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      • August 24, 2017
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      • October 26, 2017
      • November 30, 2017
      • December 28, 2017
    • Annual Meeting >
      • September 8, 2022 Annual Meeting
      • December 9, 2021 Annual Meeting
      • September 9, 2020 Annual Meeting
      • October 5, 2019 Annual Meeting
      • September 22, 2018 Annual Meeting
      • September 16, 2017 Annual Meeting
  • Information
    • Certificate & Articles of Incorporation
    • ByLaws - Amended and Restated 2013
    • Policy Bulletins Handbook >
      • Series 100 - General >
        • 100 - Definitions and Objectives
        • 101 - Duties of Trustees
        • 102 - Duties of the General Manager
        • 103 - Committees of the Board
        • 104 - Manager's Report to the Board of Directors
        • 105 - Compensation & Reimbursable Expenditures
        • 106 - Policy Book Revisions
        • 109 - Meeting with the Board of Directors
        • 111 - Corporation Responsibilities & Liabilities
        • 112 - Water User Responsibilities
      • Series 200 - Minimums, Rates, and Procedures >
        • 200 - Water User Fees
        • 201 - Refunds & Release from Water User Agreement
        • 202 - Water Rates
        • 203 - Meter Deposit
        • 204 - Meter Reading, Billing & Collections
        • 205 - Suspension of Service
        • 206 - Complaints & Adjustments
        • 207 - Charges for Services
      • Series 300 - Operations and Procedures >
        • 300 - Types of Water Users
        • 301 - Classes of Applicants
        • 302 - Application for Service
        • 303 - Extension of Mainlines
        • 304 - Temporary Service
        • 305 - Future Housing Developments
        • 306 - Access to Premises
        • 307 - Change of Occupancy / Transfer of Membership
        • 308 - Crop Damage, Site Acquisition, and Eminent Domain
        • 309 - Refused Easement
      • Series 300 - Operations and Procedures (cont) >
        • 314 - Determination of Responsibility for Service Line Costs
        • 315 - Procurement or Lease of Existing Water System
        • 318 - Installation of Antennas on Southern Black Hills Facilities
        • 321 - Livestock Watering off User Property
    • Resolutions >
      • Resolution 2019-01
      • Resolution 2019-02
    • Director of Equilization Letter
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  • Water Report
    • Paramount Point Water Report
    • South Black Hills Water Report, Phases 1 & 2
  • Links
Policy Bulletin 309 - Refused Easement
Adopted 2007/12
​
In the event the Corporation requests an easement to facilitate the construction of its system, and the owner of the parcel across which the easement is requested refuses to grant an easement, then the following rules apply:
  1. The Corporation may redesign the affected portion of the system in order to avoid the property over which an easement has not been granted, and the increase in cost necessitated by that change shall be recorded in the records of the Corporation.
  2. At such time as water service from the Corporation is requested by the person who owns the parcel on which an easement was refused, then the applicant for service shall be required to pay for the increased construction cost described above, as well as any regularly applicable membership fees and charges for water services.
  3. These rules apply to water service requested on the parcel upon which the easement was refused, as well as the request for service on any other property owned by the person who refused to grant an easement.
  4. The construction cost recapture provisions of this policy shall run with the land and with the person who refused to grant an easement.
  5. In the event that an owner of property grants an easement on certain property but refuses an easement on a different parcel of land, the Southern Black Hills Water System in its sole and exclusive discretion may decide if the refused easement warrants application of the rules set out in items I through 4 of this policy.
  6. In the event that certain construction costs are recaptured pursuant to the provisions contained in items I through 4 of this policy the funds recaptured shall be paid to the party or parties (as their interests may appear) that incurred the cost of increased construction expenses. If said party or parties are person(s) or entities other than Southern Black Hills, then Southern Black Hills may withhold a reasonable amount from the funds recaptured to defray expenses associated with the collection and/or dispensation of said funds.
  7. In the event a parcel of land subject to the construction cost recapture provisions of this policy is the subject of a bonafide, irrevocable sale, donation or other transfer of fee simple title to a person or entity not otherwise subject to the construction cost recapture provisions of this policy to be used (and actually used) for religious, cultural, educational, charitable or other, similar uses, then the construction cost recapture provisions of this policy may be waived in whole or in part by the Board ofDirectors in its sole and exclusive discretion. This section of this Policy Bulletin 309 may in the sole and exclusive discretion of the Board ofDirectors be applied retroactively.
  8. In the event a person or other legal entity subject to the construction cost recapture provisions of this policy makes a bonafide transfer of real estate to a person or entity not otherwise subject to the construction cost recapture provisions of this policy to be used (and actually used) for religious, cultural, educational, charitable or other, similar uses, then the construction cost recapture provisions of this policy may be waived in whole or in part by the Board of Directors in its sole and exclusive discretion. This section of this Policy Bulletin 309 may in the sole and exclusive discretion of the Board of Directors be applied retroactively.
  9. The construction cost recapture provisions of this policy shall not be applied retroactively to remove a service location or discontinue service if the construction cost recapture provisions of this policy were not applicable to the real property or real property owner at the time the service location was installed.
  10. Nothing contained in this policy shall be construed as a waiver of Southern Black Hills power of eminent domain.
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