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Current as of January 02, 2025 | Updated by Findlaw Staff
Yes. However, agencies must consider the Government's cost of acquiring the easement and other factors when determining if the easement will be disposed of with or without monetary or other consideration. If the easement was acquired at substantial consideration, agencies must—
(a) Determine the easement's fair market value (estimate the fair market value of the fee land without the easement and with the easement then compute the difference or compute the damage the easement caused to the fee land); and
(b) Negotiate the highest obtainable price with the owner of the servient estate to release the easement.
Cite this article: FindLaw.com - Code of Federal Regulations Title 41. Public Contracts and Property Management § 41.102–75.937 Can an easement be released or disposed of at no cost? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-41-public-contracts-and-property-management/cfr-sect-41-102-75-937/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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