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

[quicksandfarmer]

This can be fought, if you wish. Eminent Domain can only be brought about if the project is "for the public good". That doesn't mean more money for a company's stockholders.

That used to be true, but not any more. Google "Kelo."

 

[Archer EV]

My aunt and uncle have an oil pipeline crossing their property. It is buried except where it crosses a creek. Some years ago, there was a leak and oil went into the creek. It traveled downstream through their property and through my brother's adjoining property. The oil company fixed the leak and actually burned off the oil. The creek banks were oil stained and charred for months. Also a lot of trees were charred and some died. The stink was awful. It pretty much ruined the deer hunting season that year for my brother and some relatives that hunted there. As far as I know, no one was compensated in any way for the damages. I don't think anyone even said, "Sorry or kiss my foot." Because of that experience, I don't think I would ever consider a ROW for any utility or company.

 

[two_bit_score]

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.

I think you are assuming all ROWs are the same. They aren't.

 

[RoyJackson]

That used to be true, but not any more. Google "Kelo."

I believe you're thinking of KELSO vs. New London (Supreme Court decision) and that decision was based upon the "public good" of a higher tax rate for upscale properties that would replace existing older homes. The case was not against a private concern or corporation. It was against the city of New London.
So, that example has no bearing in this thread...

You know, since you brought it up...I, like many many Americans, was outraged by that decision. And, after all that and all those folks losing their homes, it turned out the developer couldn't get funding and those acres stood empty (and no higher taxes for New London!!). As far as I know, that property is still vacant...

 

[two_bit_score]

Not an option with my gas company. If it was an existing driveway when the gas line was installed they would replace it. Any driveway put in after the gas line was installed was the land owners obligation to replace.

Things like that are always negotiable.

 

[two_bit_score]

A right-of-way is a right-of-way above ground or under. High tension towers have a 150' right-of-way also. Land with right-of-ways have restrictions. People will pay more for land that don't have restrictions. Less for land that does.

That would seem to make the most sense. But, people are always buying property because they like it and the location and never give a thought that they are only getting partial mineral rights or even none at all. I've said many times that if you don't own the minerals you don't really own the land. Every day someone somewhere gets the rude awakening when the pipeline operators or the drillers call and say they are on their way and the surface owners had no idea that they were about to get a pipeline or a drilling location on their property.

 

[RoyJackson]

BTW, just a quick addition...just because you sell an easement and your use of the ROW may be limited doesn't mean your taxes are reduced...use that in your favor during any negotiations.

 

[beppington]

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.

As I turn into my driveway off the main road I drive right over a major AT&T fiberoptic line ... so actually you can build access over at least some right-of-ways. Also, running parallel to that fiber right above it is a big set of power lines, so you can also drive under those.

I also have a natural gas pipeline running across my property, & there is no problem fencing across it. And I know where this line runs for many miles north & south of me, & I know quite a few folks have built driveways over it.

Although a pipeline certainly adds limitations to your property, I don't think it's quite as negative as some here have posted ... But then I'm sure the severity differs case-by-case.

 

[Ford tractor]

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?

That would be something you would make sure to put IN WRITING in the easement documentation.
Something like "the gas company is obligated to return the surface of the ground to the same state as it was in before they dug it up (including any paved driveways)" would take care of that issue.

Aaron Z

Exactly. A ROW is a contract of a sorts. I would also include that if they disturb a crossing, they have to provide an equivalent method of ingress and egress.

BTW, just a quick addition...just because you sell an easement and your use of the ROW may be limited doesn't mean your taxes are reduced...use that in your favor during any negotiations.

That's an excellent point. Wonder how you would put that in the contract?

 

[RoyJackson]

Originally Posted by RoyJackson
BTW, just a quick addition...just because you sell an easement and your use of the ROW may be limited doesn't mean your taxes are reduced...use that in your favor during any negotiations.

That's an excellent point. Wonder how you would put that in the contract?

Also, any money received by granting an easement is taxable.
I found out the hard way, BTW...I thought it wasn't taxable (compensation for a loss of use rather then income). I don't know if there is anyway to get around it (talk to a tax expert before signing of an easement).