Proposed pipeline serveyed

[beersngars]

My cabin property is in Harrison County Ohio and as some may know, is a hotbed of oil and gas activity as of late, primarily the Utica shale play. A few weeks ago a guy contacted me and asked permission to do a servey study of a proposed 30" gas line. The plan is to parallel the existing power line easment. I thought it would be OK and besides none of the neighbors objected.

They were on my property last week and had stakes everywhere. We went down Friday night for the long weekend. They used stakes with different color ribbons. They were very wide and didn't make sense to me so I called the guy Saturday morning. He said the only ones of concern were the orange ones spaced 50' wide beside the powerline easement. They do run beside the power lines, but a LOT further to the side than I had expected, meaning I would loose a bunch if woods and some pretty nice trees.

I guess my first impessions of the project was that the existing power line easement was always there and didn't bother me. This pipeline will leave a thin line of woods, maybe 20' to 40' then a 50' easment, then more woods. Not sure I want that. Do I have options?? or is this just called progress??

 

[greasemonkeyok]

You will need professional help even if you decide to go along with the project. What the right-of-way agent tells you and what ends up on the paper you sign may not be the same in the eyes of the law. Don't let them use buzzwords. Spell it out in simple English. If you know what ground cover you want planted, require them to re-plant if it doesn't take the first year. If you don't specify, they will throw some rye grass seed down and say "ain't it pretty" after the first rain. A year later you might have nothing but weeds growing in the gullies that washed out. Some folks make them post a bond to cover the reclamation costs.

A 30" line is a big one and like herpes, its there for the rest of your life. You will need to know what you can't do in the easement, like build a cabin, plant trees, or install an improved road.

There is some information on the web that is helpful, things you might not think of on your own. I found some articles out of Texas fairly useful, but I still got snookered trying to handle it myself.

 

[beersngars]

Thanks greasemonkeyok. In your experiance, could a group of other landowners speak to an attorney as a group.

There was a ruling on in near by Stubenville that a judge said the oil and gas companies do have emminit domaine in the case of transmission lines. Also from what I hear thru the grapevine, the amount they pay for the easment is anywhere from $15-$50 per foot.

 

[rambler]

WE had a sitution here in mN where a small city put in a pipeline to supply the town. Ran 80 miles. They were not experienced in such.

It was quite a mess. They pretty much just went in front of the judge & got their way. they condemned whole farms, and were alllowed to lay their pipe where it was most convienient for them as they got there. could write pages, but - it was not good. Took 3 years to pay some of it, and they never did pay tenent farmers for wrecked crops.

My understanding is the big pipeline companies actually do a lot better. They somewhat work with people or groups.

But in the end the pipeline will go through. So look to improve your situation, not draw a line in the sand and think you will single handedly stop them.....

--->Paul

 

[MasseyWV]

But in the end the pipeline will go through. So look to improve your situation, not draw a line in the sand and think you will single handedly stop them.....

They are big and you are small, so I agree that it's probably better to work with them, if possible. Large corporations have deep pockets and a court battle would likely end in defeat.

 

[jinman]

I would first sit down and write them a nice letter expressing my exact concerns; be specific and thorough. I'd explain that their planned route will "orphan" more land than the width of their proposed easement. I'd suggest that a partial payment for causing such an imperfection would be considered or something like that. Don't make accusations or use any inflamatory language. Just be honest and straight-forward in what you see as a landowner. Who knows? They may decide to compensate you for damaging the 20'-40' strip's value. Send your letter by certified mail so you have a documented paper trail and timeframe of your response.

 

[Fossil Farm]

We have a 4 inch gas line installed about 1983. Much of the language Dad put in is in the margins. Not sure how well some of it would hold up in court. All they have done so far is the survey, from your post. The best thing you can do it hire a lawyer to deal with the easement if the company decides to run it through your property. Get the Farm and Dairy weekly paper - there are some advertisements in there for lawyers and also many of the OSU Extensions offices are becoming involved in helping out the landowners here in Ohio. Once the papers are signed, it doesn't matter who promised to do what. The easement guy you are talking to will be gone and won't care what was said. The only thing that matters is what is written and recorded on the easement. Don't get in a hurry to sign anything - they will get pushy, but stand your ground and please get legal help. With that big of a line the land will get tore up and you need to be sure you get properly compensated because there will be restrictions on what you can do with the land on that big of a pipeline. Be sure you only allow 1 pipeline on the easement too. Some guys signed an easement without putting in a restriction of 1 line, and now they have several lines in the same strip. Good luck.

 

[dmccarty]

...also many of the OSU Extensions offices are becoming involved in helping out the landowners here in Ohio....

NC state has quite a bit of valuable information at the Extension office. I would check with the Ohio Extension and see what they have for you to read. I would guess there is some part of the Ohio government that regulates pipelines. They might have good information as well. There might be actual statutes covering pipelines in Ohio. Check the statues.

For something this big you need a lawyer experienced in pipe lines. If there are other neighbors involved I would certainly talk to them and see if you can all share the cost of the lawyer. Having a block of people negotiate should be considered as long as everyone is of like mind.

There is good advice on this thread but get a good, experienced lawyer.

Later,
Dan

 

[forgeblast]

Best advice lawyer up. getting a lawyer involved at this point is the right thing to do.
this is a link that shows some row(right of way) languange going into the current pipelines in pa. Laser Midstream Company, LLC Pipeline ROW
We are going to have a well pad that will effect our property in 2013, we did not lawyer up, since when we signed there were no gas/oil lawyers in our neck of the woods. It cost us a lot.
I would also begin taking photgraphs of what they have done and take notes of who and when you talk to.

 

[greasemonkeyok]

When you hear prices paid of "$50 per foot", make sure you distinguish between linear feet and square feet. I hear upwards of $400/lineal rod in the Northeast, but that is just rumor. I would expect that a local lawyer experienced in such matters would be willing to come talk to a group of similarly situated landowners if you could get them all together in one place, say the local community center.

Even if you lawyer up (which is recommended), do your own research on the web by looking at information available in your state and other states, and then you will have a good inventory of questions to ask the lawyer.

Good luck.