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In Focus: Will Serve Letters and Right-of-Way Acquisitions in Site Selection

Exploring the nuances of utility commitments and legal access.

Q2 2024
When it comes to expanding facilities or breaking ground on new sites, there are a couple of hurdles in the utility realm that often get overlooked, yet they’re critical to the success of these projects. Addressing the nitty-gritty of ‘will serve’ letters and right-of-way acquisitions, two aspects that, if navigated wisely, can significantly streamline the process of opening new facilities.

The Ins and Outs of ‘Will Serve’ Letters
‘Will serve’ letters are more than just a formality; they’re a utility’s commitment to deliver the essential services that project decisions hinge on. They are a green light from utility companies, ensuring that water, wastewater, electricity, gas, and broadband will be there when a project needs them, enabling operations to stand-up smoothly.

The key is mitigating risks and making sure nobody is caught off guard by utility shortages or delays that may jeopardize project timelines and budgets. Getting these letters in-hand early may save a lot of headaches down the line. It is a roadmap that not only guides the utility landscape, but also assures investors and stakeholders that each utility company has its ducks in a row. The key is mitigating risks and making sure nobody is caught off guard by utility shortages or delays that may jeopardize project timelines and budgets.

The Road to Right-of-Way Acquisitions
Regarding right-of-way acquisitions, getting the legal go-ahead to use land for installing infrastructure like pipelines, cables, or access roads that are vital for a new facility. It is about carving out a path, quite literally, to ensure that operations have the lifelines they need.

Leverage the expertise of legal and technical subject matter experts who know the ins and outs of these processes. It’s not just about the legal right; it’s about mitigating risk, aligning development goals and knitting strong relationships with the community. Successfully navigating these acquisitions enables the utility to execute the physical groundwork with a key timeline risk preempted, keeping project timeline on-track and fostering goodwill with the local stakeholders.

Tips from the Trenches
  • Early Bird Gets the Worm: Dive into the ‘will serve’ and right-of-way processes at the outset. Early engagement can unveil potential snags, giving ample time to tackle them head-on.
  • Teamwork Makes the Dream Work: Foster a spirit of collaboration. Engaging with utility providers, local governments, and landowners early on can smooth out negotiations and speed up the process.
  • Knowledge is Power: Leverage the expertise of legal and technical subject matter experts who know the ins and outs of these processes. Their know-how can help sidestep pitfalls and streamline the acquisition journey.
  • Clear as a Bell: Keep the lines of communication open and transparent. Straight talk with all stakeholders can dispel misunderstandings and build a foundation of trust and cooperation. Bad news never gets better with time!
  • Have a Plan B: Always have a contingency plan. If utility or land-use challenges pop up, be ready with alternatives, ensuring these hiccups don’t derail the project timeline or budget.
While it may seem like ‘will serve’ letters and right-of-way acquisitions are just another item on the project checklist, but they are far more integral than that. They are crucial steps that pave the way for the successful launch of new facilities. By tackling these head-on with a strategic and proactive approach, the state and community can ensure that facility expansion projects are not just successful, but also set a benchmark for operational excellence and community partnership.


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