Gas Company wants to install pipeline under my land; Please help!

[greasemonkeyok]

Might want to have the right (in writing in the agreement, preferably written with a lawyer's assistance) to cross the pipeline with paved driveways should you sell frontage lots. Some easement forms (probably the one they have proposed) do not allow paved crossings.

Also, consider requiring the company to bury and maintain the line at a depth below four feet or more - that way you are not likely to disturb it if you lay a water line, etc. You may not think the "maintain" part is necessary, but it is not unheard of for lines to buck up out of the ground as pressure surges move the line.

 

[whistlepig]

There are all kinds of buried utilities in front of properties all across the country. Usually having utilities at the road is a positive. How is this necessarily any different? You are making assumptions and drawing conclusions that may not be supported by facts.

You can't build access over these right of ways. Its a 150 foot swath through your property that can not be built over or the access restricted to this right of way. And that's forever.

 

[dodge man]

You can't build access over these right of ways. Its a 150 foot swath through your property that can not be built over or the access restricted to this right of way. And that's forever.

That's not true, in most cases you can put a driveway over them. In many cases you can farm over them. You just can't do anything that stops them from getting to it, like a building. They also usually have the right to clear trees and brush also.

 

[whistlepig]

That's not true, in most cases you can put a driveway over them. In many cases you can farm over them. You just can't do anything that stops them from getting to it, like a building. They also usually have the right to clear trees and brush also.

If you do put a driveway over them and it has to be dug up for gas line maintenance who pays to replace this driveway?

 

[RoyJackson]

You can't build access over these right of ways. Its a 150 foot swath through your property that can not be built over or the access restricted to this right of way. And that's forever.

The permanent ROW for the 36" gasline they ran in my area was about 50' wide....not near 150'. But they did need another 40' per side during the construction. This isn't a permanent thing and you can use the property in any way after construction.
However, the line going through ITHINKICAN's property may well have other stipulations.
Access is part of the deal and there are some restrictions (buildings and such), but that's something ITHINKICAN needs to check prior to granting an easement. I'm pretty sure the farmer behind our property can farm the ROW, but I don't know if that's a fact.
Again, something ITHINKICAN needs to determine and see in writing prior to any negotiation or legal action.

BTW, ITHINKICAN...the money you get from the gasline company is taxable income...don't spend it all until you determine the tax liability.

 

[whistlepig]

It was 150' for our gas line. We could put a driveway over the easement but if it was ever dug up for gas line maintenance the cost of replacement would be ours. When we sold the place we had some folks wanting to build a restaurant look at the place. When they found out that the location of the gas line would be under their potential driveway it was an instant turn off. Their driveway could be dug up at any time for an undetermined length of time for gas line maintenance. It made our place extremely difficult to sell.

 

[greasemonkeyok]

Tax adviser can tell you whether it will be taxable as ordinary income, or simply reduce your basis in the property (if you call it damages).

 

[RoyJackson]

It was 150' for our gas line. We could put a driveway over the easement but if it was ever dug up for gas line maintenance the cost of replacement would be ours. When we sold the place we had some folks wanting to build a restaurant look at the place. When they found out that the location of the gas line would be under their potential driveway it was an instant turn off. Their driveway could be dug up at any time for an undetermined length of time for gas line maintenance. It made our place extremely difficult to sell.

I hope you were adequately compensated for this loss of income!!

If we hadn't already had a powerline ROW (inherited when we bought the place), I would have likely fought this gas line.
Supposedly, any loss of property value is tax deductable...but I would have wanted that money up front as part of the deal.

As I wrote initially, get your money out of this and don't let them lowball you! (BTW, I got just under $10K for 0.2 acres of wooded land...their initial offer was under $5K)

 

[whistlepig]

I hope you were adequately compensated for this loss of income!!

If we hadn't already had a powerline ROW (inherited when we bought the place), I would have likely fought this gas line.
Supposedly, any loss of property value is tax deductable...but I would have wanted that money up front as part of the deal.

As I wrote initially, get your money out of this and don't let them lowball you! (BTW, I got just under $10K for 0.2 acres of wooded land...their initial offer was under $5K)

We came out OK. The only thing that saved us was the independent appraiser and an extremely good lawyer. We lived 1/4 mile from I-75 that was being developed halfway between Dayton and Cincinnati and had seven acres there. They tried to low ball me to the point I wouldn't have even be able to replace my house out buildings much less the land. I finally told them to find me seven acres halfway between Dayton and Cincinnati that was 1/4 mile from I-75 and I would trade them even. That was the end of it. They paid me my asking price which was 12X the original offer.

 

[sweep]

If you don't want it, just say no. You are under no obligation to accommodate them.

Uuum no. If the prior owner signed away the gas rights/lease the op is SOL.

I just signed a lease for $4950 per acre and 19% royalty. In the lease the gas co can put a pump or underground lines on my property at any time but no closer than 500 feet from my house. If I sell the property the lease terms continue and I still get the royalty check and the new owner gets zip..and he could have something put on the property and there is nothing he can do about it.

Again the prior owner of the OP's land might have signed a gas lease deal that was similar.