[Title 32 CFR 644.438]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter V - DEPARTMENT OF THE ARMY (CONTINUED)]
[Subchapter J - REAL PROPERTY]
[Part 644 - REAL ESTATE HANDBOOK]
[Subpart F - Disposal]
[Sec. 644.438 - Disposal plan for easements.]
[From the U.S. Government Printing Office]


32NATIONAL DEFENSE42002-07-012002-07-01false644.438Sec. 644.438NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)REAL PROPERTYREAL ESTATE HANDBOOKDisposal
Sec. 644.438  Disposal plan for easements.

    When recommending disposal of a surplus easement the District 
Engineer will submit the following:
    (a) Information as to when and from whom the easement was acquired.
    (b) The consideration paid therefor.
    (c) Identification of the installation to which it is appurtenant.
    (d) If the easement has no commercial value, the amount that should 
be

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paid by the owner of the servient estate, representing a rebate on the 
purchase price, or the amount paid for severance damages will be 
specified. (For example, if the easement was acquired for a 15-year 
period and the price paid therefor was substantial and one year after 
acquisition it is returned to the owner of the servient estate, an 
effort should be made to obtain a rebate on the purchase price although 
the easement has no commercial value. The same would be applicable to 
the payment for severance damages).
    (e) If the owner of the servient estate, or other prospective 
grantee, is not willing to pay the appraised value in consideration of 
the release of an easement acquired for a substantial consideration, all 
action to release the easement will be held in abeyance until such time 
as an adequate consideration can be obtained for the release. Note the 
minimum payment for release of spoil easments discussed in paragraph (b) 
of Sec. 644.435.