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

[greasemonkeyok]

Rules for negotiating with a pipeline company:

#1. Pigs get fat, hogs get slaughtered.

#2. Don't go to war for no pay.

Do as others have suggested above:

#3. Become educated, but keep your powder dry. The company landmen will be less receptive to your requests if they peg you as a smarta$$ know-it-all.

 

[sidehiller]

to ithinkican,
I am a 25year registered land surveyor. You control your land, nobody can force an improvement to be built on it(installing pipeline) without due process which is called condemnation. The condemnation process goes thru a judge and is usually reserved for improvements that benefit the general public such as a highway or community water tank. Good, neighborly-type projects NOT a profit making corporation(oil company) project. Get your LOCAL LAND SURVEYOR to show YOU your property corners and tell the rest of them to take a hike. If you do want to make a deal with them AIM HIGH and get a lawyer to write up the deal. Know your property boundary and defend it, the law requires it since the 1776. Good fences make good neighbors. Let me know how it turns out.
Sidehiller

 

[quicksandfarmer]

to ithinkican,
I am a 25year registered land surveyor. You control your land, nobody can force an improvement to be built on it(installing pipeline) without due process which is called condemnation. The condemnation process goes thru a judge and is usually reserved for improvements that benefit the general public such as a highway or community water tank. Good, neighborly-type projects NOT a profit making corporation(oil company) project. Get your LOCAL LAND SURVEYOR to show YOU your property corners and tell the rest of them to take a hike. If you do want to make a deal with them AIM HIGH and get a lawyer to write up the deal. Know your property boundary and defend it, the law requires it since the 1776. Good fences make good neighbors. Let me know how it turns out.
Sidehiller

The law requiring it since 1776 was overturned by the Supreme Court in 2005 with the Kelo decision.

 

[RoyJackson]

The law requiring it since 1776 was overturned by the Supreme Court in 2005 with the Kelo decision.

That actually depends on how the state (in which the eminent domain is being attempted) law is written. If no state law on eminent domain...well, the property owner might be screwed.

 

[two_bit_score]

The law requiring it since 1776 was overturned by the Supreme Court in 2005 with the Kelo decision.

Texas took action in the last session to nullify lot of the effects of Kelo.

 

[two_bit_score]

to ithinkican,
I am a 25year registered land surveyor. You control your land, nobody can force an improvement to be built on it(installing pipeline) without due process which is called condemnation. The condemnation process goes thru a judge and is usually reserved for improvements that benefit the general public such as a highway or community water tank. Good, neighborly-type projects NOT a profit making corporation(oil company) project. Get your LOCAL LAND SURVEYOR to show YOU your property corners and tell the rest of them to take a hike. If you do want to make a deal with them AIM HIGH and get a lawyer to write up the deal. Know your property boundary and defend it, the law requires it since the 1776. Good fences make good neighbors. Let me know how it turns out.
Sidehiller

Welcome to TBN !

Would you mind telling us what state you practice in?

.

 

[dodge man]

There is a 99.9% chance this will not go to a trial, and if it does, there is almost no chance it would go to a jury trial, but would be ruled on by a judge instead.

In Illinois, the rates paid per foot of easement are usually well established. The only way to really get more money is if you can prove damages beyond normal conditions.

I'm sorry if I'm so negative to the OP's plight, but in my line of work I see this kind of thing happen all the time, and the land owner hardly ever is able to stop a project, even if they band together.

 

[ustmd]

ITHINKICAN,

Here is a link to the TRCC webpage (the Texas regulator org that governs pipelines) FAQ on pipelines and eminent domain. Some really good info:

Pipeline Eminent Domain and Condemnation Frequently Asked Questions (FAQs)

A couple of key points:

"Q: Do all pipeline operators have the power of eminent domain?
A: Generally speaking, common carrier pipelines in Texas have a statutory right of eminent domain. Common carrier pipelines are operators that transport oil, oil products, gas, carbon dioxide, salt brine, sand, clay, liquefied minerals or other mineral solutions.

For example, a pipeline transporting hazardous liquids would be a common carrier, and would have the right of eminent domain. A 祖ommon carrier pipeline transporting natural gas would be a 叢ublic utility (more commonly referred to as a 組as utility?, and also would have the power of eminent domain. The Railroad Commission does not have the authority to regulate any pipelines with respect to the exercise of their eminent domain powers.

Q: How can I tell if the company that wants to cross my land has the power of eminent domain?
A: The Railroad Commission can inform you as to the status of a pipeline as either a gas utility or a common carrier, both of which have a statutory right of eminent domain. For information on natural gas pipelines, call the Railroad Commission痴 Utility Audit Section at (512) 463-7022. For information on other pipelines, call the License & Permit Section at (512) 463-7167.


I would call the TRNCC and see if the gas company statutory right of eminent domain. If they have the right by statue, most likely you will only be able to argue with them about the details, they will get the easement.

 

[two_bit_score]

ITHINKICAN, you haven't updated us in a while. Hope your pipeline issue is working out OK.

Here is something I saw that I thought you might be interested in.

>>When a pipeline company decided to cross a large South Texas ranch in 2009, the family that has owned the property since the 1940s dug in its heels.

The question wasn’t whether LaSalle Pipeline, which has the right of eminent domain, could lay a 16-inch, 52-mile pipeline that would cross two tracts of McMullen County land owned by Donnell Lands, a family partnership.

The biggest issue was whether the value of the rest of the ranchland would be devalued by the pipeline’s presence.

The company said no. But the landowners said yes, and a trial jury agreed with them to the tune of more than $600,000.

That decision has been winding its way through the Texas court system, and along with some legislative changes that went into effect in September, could represent a small step in giving landowners a larger voice in eminent domain battles.<<
Fuel Fix As pipelines multiply, more eminent domain fights likely

Hopefully the judgement in favor of the landowner will be upheld. But, in light of so many Texas Supreme Court cases I've observed where they try to find any way possible to over turn a large judgement against a corporation I am cautious. Read up on Exxon v. O'Connor case if you want a horror story.

 

[KYDan]

It's Eminent Domain, BTW...

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.
Now, a school, road...things like that, you won't beat them.
If you are deadset against this, get with your neighbors. A class action suit will spread the legals costs and can result in enough bad PR (for the pipeline company) that they'll reroute the line.

We had a gas pipeline (Spectra Energy) pass through a piece of our property. Since it was on an existing ROW (powerlines), we weren't too concerned and sold the rights. Ask for as much money per acre as you can...definitely don't take their first (low ball) offer!

If you intend to farm the land, determine what is allowable after the pipeline is installed (you may lose use of the property).

And...always remember: VERBAL MEANS NOTHING IN A COURT OF LAW. IF THEY DO NOT HAVE THE DOCUMENTATION, SEND THEM AWAY TO GET IT!!

I totally agree with Roy on this. Some of the guys posting in favor of the pipeline from Canada to Texas should read this thread. I remember when I was a kid and they were building the interstate road system. I-64 from Louisville to Frankfort was completed in 1964 or 65, but stalled there due to the rich farmland and horse farms between Frankfort and Lexington who fought it. The state eventually acquired it through eminent domain, but it took them a decade and cost a lot more to build. Bad for the taxpayers, but I understand completely. Fortunately, it did not cut through any of the signature farms like Calumet or it would have cost even more!