R850-40-1800. Abandonment

  1. To facilitate the determination of an abandonment of easement, the grantee shall pay an administrative charge every three years during the term of the easement as provided in R850-4. The requirement to pay this administrative charge shall apply if:

  (a) the easement is an existing easement in agency records as of December 31, 2017, and

  (b) the easement term is perpetual, and

  (c) the requirement to pay this administrative charge was effective and included as a contract term at the time the easement was granted, and

  (d) the grantee is not a governmental entity. Governmental entities include but are not limited to municipal or county governments or agencies of the state or federal government.

  2. The grantee shall not be required to pay this administrative charge for all easements issued or renewed on or after January 1, 2018.

  3. This administrative charge shall not be construed as rent.

  4. The agency may accept payment of the administrative charge submitted by any easement grantee.