Clarksville Town Council Approves New Easements Ordinance

Aerial Photo of Clarksville

CLARKSVILLE, IN (July 12, 2023) – Town officials are taking steps to protect easements needed to install and maintain sanitary sewers and storm sewers. The Town has been granted a significant numbers of easements throughout the community. An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person’s land.

These infrastructure improvements sometime require repairs, improvements, and/or alterations. Unfortunately, Town officials say it has become apparent the easements are being encroached upon by the property owners with the planting of trees or the construction of fences, buildings, pools and other obstructions preventing the required access for installation and maintenance.

During the June 20th meeting of the Town Council, an Ordinance was approved which expressly prohibits the placement and construction of structures, plantings, and other potential obstructions within the easements and established a policy to authorize removal of easement obstructions.

The approved ordinance sets enforcement procedures for encroachments existing before the adoption of Ordinance 2023-G-06 as well as those encroachments placed illegally in the easements after the adoption of this ordinance.

You can read Ordinance 2023-G-06 by clicking here.

Article – “What is an Easement”

Graphic