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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 34914
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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What is the difference between a public utility easement and

Customer Question

What is the difference between a public utility easement and a public service easement?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 6 months ago.
Good afternoon,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. The difference between the two easements is best understood by looking at CA law---specifically CA Streets and Highways Code----which defines each: 8306. "Public service easement" includes all or part of, or any right in: (a) A right-of-way, easement, or use restriction acquired for public use by dedication or otherwise for sewers, pipelines, pole lines, electrical transmission and communication lines, pathways,storm drains, drainage, canal, water transmission lines, light and air, and other limited use public easements other than for street or highway purposes. (b) An easement or right of a type described in Section 8340. 8306.5. "Public utility" means a public utility as defined in Section 216 of the Public Utilities Code. ("Public utility" includes every common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, and heat corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof.) As you can see, the public utility easement is for more traditional utilities, while the public service easement can apply to pipelines, storm drains and even open air areas. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.I wish you and yours the best in 2016,Doug

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