Summary


The current rule requires a 90-day notice and advertising period for a party claiming a temporary easement to acquire a permanent easement. By amending this to a 30-day notice and advertising period, adequate time is provided for interested parties to submit a road claim prior to temporary easements, or rights of entry across trust property are extinguished while allowing the agency to transact business on behalf of its beneficiaries in a more timely manner. The requirement to file a written notice prior to entering a trust parcel to perform a survey for an easement is unnecessary and is being repealed as it provides little to no benefit to any of the parties. The easement assignment fee requirement is being amended to facilitate assignments that are made for no money consideration between certain individuals or within a restructured company. The final change is to remove the requirement for an administrative fee to be paid every three years throughout the term of an easement as a means for the agency to determine abandonment of the easement. The agency no longer issues easements for terms longer than 30 years, except in specific exceptions, therefore, the need to determine abandonment is rarely necessary.