exclusive-use easement

(6)“exclusive-use easement” means an easement which affords to the easement holder the following: (A)the exclusive right to use, possess, and enjoy the surface estate of the land subject to this easement for transportation, communication, and transmission purposes and for support functions associated with such purposes; (B)the right to use so much of the subsurface estate of the lands subject to this easement as is necessary for the transportation, communication, and transmission purposes and associated support functions for which the surface of such lands is used; (C)subjacent and lateral support of the lands subject to the easement; and (D)the right (in the easement holder’s discretion) to fence all or part of the lands subject to this easement and to affix track, fixtures, and structures to such lands and to exclude other persons from all or part of such lands;

Source

45 USC § 1202(6)


Scoping language

As used in this chapter
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