Council pauses Verizon easement after questions about perpetual sale, amends budget to remove $15,000

Bear River’s Town Council discussed a Verizon proposal to acquire a perpetual easement for the communications tower on town property at 373 Loop Road and agreed to take no final action until contract terms and legal questions are clarified.

At the May 14 meeting the clerk read Verizon’s offer, which the town recorded as $15,000 in immediate payment in exchange for a perpetual easement “under and around the communications tower” and related tenant-lease interests. Council members and the town attorney raised repeated concerns that a perpetual easement could functionally amount to selling the government’s use of the land and might restrict future uses or town revenue.

Council members identified three specific items they asked the town’s negotiator to clarify with Verizon: cap the easement term (one suggestion was 40 years instead of “perpetual”), include an abandonment clause (for example, to allow the town to reclaim the easement if the tower is not used for five consecutive years), and specify who would pay reclamation costs to remove concrete pads or towers if removal is required. One councilor warned that removal costs could be large and that a perpetual easement could leave the town with land that no longer generates tax revenue.

The town attorney noted state law places limits on municipal sales of property and advised the council to ensure any agreement would follow required public-findings and hearing procedures if it amounts to a sale rather than a limited easement. Given those legal and fiscal questions, the council agreed to have staff clarify the three points with Verizon and to return the item to a future meeting; no formal approval was recorded tonight.

Separately, councilors adjusted the proposed FY2024–25 budget (Ordinance 20242) during the second reading to remove the $15,000 Verizon payment from the general fund and move it into supplemental revenue so the budget remains balanced without relying on that payment. The council approved the amended second reading by voice vote.

What happens next: town staff will contact Verizon to seek the requested contract language and cost clarifications. Council members said they expect to revisit the matter after Verizon replies and after staff and counsel review any revised terms.