The Surface Resources Group oversees easements on trust lands. Easements may be requested for power lines, pipelines, roadways, communication lines, and other linear facilities.

New easements are typically issued for up to 30 years. Existing easements may be assigned or amended upon review.

The easement application should be accompanied by a cover letter, map, and legal description prepared by a licensed land surveyor.  Upon receipt of the application, Trust Lands will conduct a preliminary review of the application and determine whether to accept or reject the application. Other application requirements may include a cultural resource (archaeological), paleontological, or biological surveys and reviews by the Resource Development Coordinating Committee and local government entities.

Easement rental costs are determined by the Easement Price Schedule or by property appraisal and are due once the application has been reviewed and accepted by Trust Lands.

For additional information:

Bonnie McCallister, Lease Manager

Frequently Asked Questions

The two direct costs associated with the acquisition of a new easement are:

  • Application Fee: This fee is $750 and is due once an easement application has been reviewed and accepted by the agency. It is not due at the time the application is submitted.
  • Easement Rental: Rental is a one-time cost that is also due once the application has been reviewed and accepted by the agency. Rental is set by the Easement Price Schedule or by property appraisal, as determined by agency staff.

Processing time for new easement applications is typically 90 days. This varies based on the application quality and the responsiveness of the applicant when contacted for additional information.

All new easements require a surveyed legal description produced by a professional land surveyor, and may also require cultural resources (archaeological), paleontological, or biological studies. The applicant is notified if additional studies are required once the application has been reviewed by the agency. All required studies or surveys, including their costs, are the responsibility of the applicant.

Easements cannot be acquired by prescriptive rights on trust lands. However, if the facility was constructed prior to the property becoming trust land, there may be federal or state laws granting right of way for those facilities. Evidence of a facility’s existence prior to the underlying property becoming trust land should be submitted to the agency. Trust Lands will review the evidence and, if accepted, will issue a document acknowledging the pre-existing easement.

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