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

[bruceha2000]

I kind of kick myself for turning down $1500 a month for a cell phone tower to maintain property value. I had two companies at 1500 each, would have been good income. What is property value today? It's certainly down if not out.

I'm sure that sort of thing depends a lot on how much property you have, how close the tower is to the house, does it stick out like a sore thumb in the middle of your best 'view', ect.

I might consider letting someone put up a cell tower if they also put up a 2KW vertical wind turbine on top. I get the electricity And maybe a limit on the lease, the same time frame as the wind turbine should last. Renegotiate at that time with either a new turbine and/or lease money when the price of such things is 10X what it is today.

 

[buck12]

The case is Kelo vs. City of New London. (Kelo v. City of New London - Wikipedia, the free encyclopedia)

It's very relevant here. The city of New London wanted to take Susette Kelo's house in order to turn it over to a private corporation, which would redevelop the land. Kelo sued, saying there was no "public use" in taking her land and turning it over to a private corporation -- the Fifth Amendment to the Constitution says "nor shall private property be taken for public use, without just compensation." . The Supreme Court ruled that the benefit that the community enjoyed from economic growth was sufficient to consider this taking to be "public use." Which pretty much upended 200 years of thinking about what was considered private property in the US.

Unless you live in one of the nine states where the state constitution defines public use more narrowly -- AZ, CA, FL, IO, OH, MI, NV, NH or WI -- this is the law of the land. The gas company could use the exact same reasoning -- economic benefit to the community -- to persuade the state to take your land on its behalf. You might not even know it was happening until the deal was done.

This is a terrible, terrible ruling, but it is the law.

After the November election Mississippi will likely be included on your list of states that has limits on "public use".

 

[Michelle K linnane]

Guys
I did not read all the posts, but I have the tennesse pipeline line running thru my property. It was here when I bought the land. They do fly the pipeline twice a week. IF something is a miss they will look into it. But I have not found having the gas company with right away to be a problem. There is a law in NY call before you dig. Same thing with pipeline you need to call if digging around. But it is really not that much trouble.
When I got into law suit over the kennel and needed to show the judge how close or as the case turned out how far away neighbor house was from my kennel. No better way to do that then with aerial photos.
The guy from the gas company went up to fly the pipeline took a punch of pictures and brought me the memory stick so I could down load to my computer. These same pictures would of cost me at least $2000 if not more. They did it for nothing.

here are some of those pictures.
http://www.tractorbynet.com/forums/projects/208933-project-started-2004-end-who-2.html

I can not advise you about selling the right away as I have not done that before.

I am speaking from personal experience as pipeline go thru my place. I am not someone who back down or is afraid of conflict. I will fight for my rights. if you dought it read my post on my building my kennel.
http://www.tractorbynet.com/forums/projects/208933-project-started-2004-end-who.html

 

[two_bit_score]

Guys
.... .... .....
When I got into law suit over the kennel and needed to show the judge how close or as the case turned out how far away neighbor house was from my kennel. No better way to do that then with aerial photos.
The guy from the gas company went up to fly the pipeline took a punch of pictures and brought me the memory stick so I could down load to my computer. These same pictures would of cost me at least $2000 if not more. They did it for nothing.

here are some of those pictures.
http://www.tractorbynet.com/forums/projects/208933-project-started-2004-end-who-2.html

I can not advise you about selling the right away as I have not done that before.

I am speaking from personal experience as pipeline go thru my place. I am not someone who back down or is afraid of conflict. I will fight for my rights. if you dought it read my post on my building my kennel.
http://www.tractorbynet.com/forums/projects/208933-project-started-2004-end-who.html

Sounds like you have learned how to get along well with those you have business with. People who think they can demand things and reject offers out of hand and stomp their foot and say NoWay are not going to get that kind of cooperation or consideration.

 

[ITHINKICAN]

Here is an article I just found. ETC NGL Transport LLC is the gas Company and this is 55 mile pipeline they want to run through my property.

Occidental Chemical Corp v. Etc Ngl Transport, LLC - The American Lawyer

Any ideas or suggestions? I'm willing to roll up my sleeves if I have to!

 

[two_bit_score]

Here is an article I just found. ETC NGL Transport LLC is the gas Company and this is 55 mile pipeline they want to run through my property.

Occidental Chemical Corp v. Etc Ngl Transport, LLC - The American Lawyer

Any ideas or suggestions? I'm willing to roll up my sleeves if I have to!

Do you already have a pipeline in place? Or is there one across the road?

 

[Mace Canute]

Incidentally, the power company representatives said that power transmission lines were
zigzagged for lightning, storm, and terrorism protection.

Total balderdash!

 

[MarkV]

Here is an article I just found. ETC NGL Transport LLC is the gas Company and this is 55 mile pipeline they want to run through my property.

Occidental Chemical Corp v. Etc Ngl Transport, LLC - The American Lawyer

Any ideas or suggestions? I'm willing to roll up my sleeves if I have to!

From what I read in the article the survey they would like to do is all a pre curser to filing for emanate domain if the courts will let them into Occidental Chemical's corridor. Thats scary stuff. I would not give permission for the survey until more detail was available.

This has got to be affecting many land owners. Start looking for others that may be forming a group to represent the landowners.

Good luck,
MarkV

 

[hayden]

Unfortunately, it appears that Texas grants eminent domain powers to "Common Carriers". A company gains that status by applying to the Railroad's board and getting the T-4 certificate.

It also appears that Texas courts grant rights to enter and survey property along with a Common Carrier's eminent domain rights. If a big chemical company can't block them, then you probably can't as well.

Here are some thought on how you might proceed:

- Any permission to survey should be in writing, and be sure you are not granting them anything else. And I'd hold of on allowing them access as long as possible.

- Eminent domain allows the taking of land, but not without compensation. I'd start building your case for the loss of value in your land if an easement gets forced onto you. Your best outcome may be to extract the most compensation.

- List all the things you won't be able to do on the land, and start assigning value in the form of annual income and/or land value. Note that you will be paying taxes on this unusable land.

- People often buy land because it appreciates in value. You can value to lost use of the land in today's dollars, but is there a way to value the loss in the future when you sell the land.

- Can you get compensation that is both a one-time fee as well as an on-going fee, perhaps justified by your ongoing payment of the taxes.

- Draft up a subdivision and development plan for your property. Cut up the house lots so every driveway crosses the ROW. Now argue that the ROW squashes your subdivision plans and that compensation needs to reflect that. The chemical company will likely claim the compensation due to them is based on the lost value of their other development plans. You should do the same thing to jack up the value.

- You might also look into their Common Carrier status. Is it justified? Undoing that might be an angle to work, but I expect the Chemical company already looked into it.

Good luck and keep us posted.

 

[forgeblast]

you could, if there were no permits required in your area put four of the cement sono tubes in the ground, tell them you plan on putting a pole barn there it may bump up your compensation. If and when you get around to building the barn is another story.