School Site Compliance with Encroachment and Easement Process

School sites must contact the Real Estate Department before allowing site access to any outside agency (e.g., SDG&E or the City of San Diego) or private entity (e.g., a neighbor or contractor) for the purpose of performing work.  Real Estate staff will document the request and forward it to the Civil Environmental Engineering Coordinator (CEEC).  The CEEC will meet with all parties involved (e.g., the principal, Building Services Supervisor, neighbor, contractor) to verify that the agency or entity has permission to access the property and can proceed with work in the requested location.  Direct school vendors (e.g., book vendors) do not need to check with the CEEC.  Then working together with the CEEC, the Property Management Specialist will confirm the appropriate document to be issued and what the procedure will entail.  There will be a determination of what fees will be required, and documentation indemnifying the district against liability will be issued.

Brief Explanation:

Public agencies and private entities occasionally access school district property without notification or having followed the prescribed approval process.  Safety, legal, engineering and other issues prohibit unapproved access to district property by non-district personnel.  District personnel (including the Civil Environmental Engineering Coordinator, Property Management, Legal Services and Risk Management staff) reference legal documents and civil and educational codes to determine propriety of site access.

 
Why should I allow easements and encroachments?
  • The Board of Education has directed schools to serve the broader needs of the community and to not unreasonably deny the public's use of district facilities.
  • Revenue is generated for the district through easement and encroachment fees.
 
Who needs a permit?
  • Any private entity (non-district contractor or neighbor) or outside agency (AT&T, Cox Cable, SDG&E). 

Who does NOT need a permit?

  • A contractor working with Proposition S.
  • A contractor working under an Indefinite Delivery/Indefinite Quantity (IDIQ) board-approved contract for maintenance.
  • Direct school vendors (e.g., book vendors)

Who approves requests?

  • The Board of Education has delegated authority to specific staff members, including the Executive Director, Facilities Planning and Construction, Director, Special Projects and the Director of Real Estate.  A principal cannot approve easement and encroachment requests; they have not been delegated that power of authority by the Board.

Who determines the amount the requestor pays for access to district facilities?

  • All permits have a minimum $600 processing fee.  Additional fees are assessed depending upon the type of use requested or based upon appraised value of the land.

Do schools share in the funds generated from easement or encroachment fees?

  • Schools do not directly receive a portion of funds from easement or encroachment fees.  However, the funds are deposited into the Property Management fund and help to fund the gap in the district budget. 

What Education Code(s) cover easements and encroachments?

  • Education Code (17556-17561)