Board of Trustees

Policy: Easements and Right-of-Ways

Policy Title:
Easements and Right-of-Ways

Date of Approval:
October 15, 2010

WHEREAS, Clemson University, a body politic, has as its mission to provide teaching, research and public service programs to serve its students and the citizens of South Carolina; and

WHEREAS, Clemson University’s land resources are critical in meeting its mission as a land grant University; and

WHEREAS, the stewardship of Clemson University’s land resources dictates these land resources be managed to ensure the needs of Clemson University in serving future generations are met; and

WHEREAS, easements and rights-of-way may adversely impact Clemson University‘s land resources and consequently its ability to meet the current and future teaching, research, and public service missions; now

THEREFORE BE IT RESOLVED that Clemson University shall evaluate each easement request on a case-by-case basis, considering any possible interference with or disruptions of the purposes or missions specified above, as opposed to the benefits (including reasonable compensation) to be derived therefrom. Easements will not be considered in those cases where reasonable alternative routes exist. In those situations in which an easement may be granted, every reasonable effort, including designated utility corridors, expansion of existing right-of-ways, or along existing property boundary lines should be made to ensure minimum disruption/impact to the University mission. To this end,

  1. Easements to state agencies may be granted utilizing the criteria stated above. While cooperation with state agencies is appropriate, the missions of Clemson University must be afforded priority; and
  2. Easements to public utilities and similar entities shall be closely scrutinized utilizing the criteria stated above. Public utilities shall not be considered agencies of the State of South Carolina in evaluating easement requests.
  3. The Clemson University Board of Trustees designates authority to the Office of Land and Capital Asset Stewardship to grant easements and right-of-ways under the following conditions:
    1. To public utilities which are required solely for service to a Clemson University facility which is either existing or to be newly constructed. These utilities include but are not limited to power, water, sanitary sewer, information technology, and natural gas.
    2. To public utilities to relocate previously Board of Trustee granted easements and right-of-ways when it is for the best interest of Clemson University. This shall include but not limited to the following: relocation of a utility for construction or renovation of a Clemson University facility or relocation of a utility when it interferes with a programmatic function of Clemson University. These utilities include but are not limited to power, water, sanitary sewer, information technology, and natural gas.
    3. The Office of Land & Capital Asset Stewardship shall report to the appropriate Board of Trustees committee any new or relocated easements or right-of-ways granted under Sections 3.a and 3.b above. This reporting shall be in summary only and will not be reviewed in discussion with the Board unless requested.
    4. New easements and right-of-ways not covered under Sections 3.a and 3.b above shall be submitted to the Office of Land & Capital Asset Stewardship for review prior to submittal to the Board of Trustees. The Office of Land & Capital Asset Stewardship shall fully review and vet requests for new easements and shall serve as the conduit for submittal of easements and right-of-ways to the Board of Trustees. The Office of Land & Capital Asset Stewardship shall recommend easements and right-of-ways to the Board of Trustees for approval.
  4. Private easements will not normally be granted except to the extent necessary to grant access to private property landlocked by Clemson University property currently or by future acquisitions. Such easements will be kept to the minimum required, will not be granted solely for the financial or personal convenience of the party requesting such easement and will not involve the expenditure of Clemson University funds.

Editor's Note
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Other Versions
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