Do you have mineral rights to your land? If you do they are supposed to be paying royalties to anyone with in so many feet of an active well. If you don't have mineral rights you are just out of luck.
Survey recourse?
- Thread starter KennethBrown
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Bird
Rest in Peace
</font><font color="blue" class="small">( running a gas line along the front of my property )</font>
I'm sure it's different in different parts of the country, but when I was doing gas leakage surveys, which meant walking along all the gas lines with my instruments, I found one place where a gas line ran a long ways straight down the north side of a street or road. It was behind a row of businesses and there was nothing but pasture on the other side of the road. However, at one point the line made a 90 degree turn left across the road into the pasture, a 90 degree turn right, ran 100' parallel to the road but in the pasture, another 90 degree turn right, back across the road, then continued down the north side of the road. Naturally, I had to ask the gas company guy why they did that and he said at the time they installed the line, the one business refused them permission to cross the back of his property so they went around. /forums/images/graemlins/laugh.gif Of course, I understand they explained to him that he better never want natural gas service to his business in the future. /forums/images/graemlins/laugh.gif
I'm sure it's different in different parts of the country, but when I was doing gas leakage surveys, which meant walking along all the gas lines with my instruments, I found one place where a gas line ran a long ways straight down the north side of a street or road. It was behind a row of businesses and there was nothing but pasture on the other side of the road. However, at one point the line made a 90 degree turn left across the road into the pasture, a 90 degree turn right, ran 100' parallel to the road but in the pasture, another 90 degree turn right, back across the road, then continued down the north side of the road. Naturally, I had to ask the gas company guy why they did that and he said at the time they installed the line, the one business refused them permission to cross the back of his property so they went around. /forums/images/graemlins/laugh.gif Of course, I understand they explained to him that he better never want natural gas service to his business in the future. /forums/images/graemlins/laugh.gif
YanmarFever
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Whoaaa ! hold everything. Ken you need to negotiate BEFORE,
not after the mess is made. That is very important,and get it in writing too.
not after the mess is made. That is very important,and get it in writing too.
sweettractors
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Ken, I bet the company that is running the line would be bonded in your state. They pretty much have to put things back as they were here in Ky or forfeit the bond and the state will come in and do it for them?--Ken Sweet
Sweet Farm Equipment LLC *Over 70 used 1-2 and 3 bottom turning plows in stock today*
Sweet Farm Equipment LLC *Over 70 used 1-2 and 3 bottom turning plows in stock today*
joerocker
Silver Member
Take LOTS of pictures NOW before any REAL damage. Then you have evidence of how it DID look!
TC18guy
Silver Member
The survey crews are probably more or less locals sub-contracted by the pipeline company. When we surveyed a proposed major electric route through our county, the utility wanted us to obtain the permissions from the property owners and send them back to the utility (a P.R. move). I'm guessing there isn't much communication between the utility and the survey crews.
The brush clearing probably is necessary for the survey, as Highbeam said, GPS is usually a luxury for most surveyors, and it is also useless in the woods. It should not be cut without your permission though. I'd keep leaning on the pipeline guy to give you better communication. From what others have posted you could use a good contact for construction and post-construction phases.
The brush clearing probably is necessary for the survey, as Highbeam said, GPS is usually a luxury for most surveyors, and it is also useless in the woods. It should not be cut without your permission though. I'd keep leaning on the pipeline guy to give you better communication. From what others have posted you could use a good contact for construction and post-construction phases.
Jimbrown
Veteran Member
I have no idea what the Texas law is but I bet it is similar to Arizona. Here is the Az statute on the subject.
33-104. Right of person making land survey to enter lands; damages for injury to lands
A. Any person who is registered as a land surveyor under title 32, chapter 1 or who is an employee of the United States government may enter upon lands within this state to perform necessary work relating to land surveys, and may establish permanent monuments and erect the necessary signals and temporary observatories without committing unnecessary injury. The person making a survey under this section shall make every reasonable effort to give oral or written notice of the survey to the owner of the land before entering the land.
B. If the parties interested cannot agree upon the amount of damages caused thereby, either may petition the superior court to assess the damages.
C. The person entering lands for a land survey as provided by this section may tender to the injured party damages therefor, and if the damages finally assessed do not exceed the amount tendered, he shall recover costs. Otherwise the injured party shall recover costs.
D. Notwithstanding this section, the owner or owner's agent may deny entry to normally restricted or hazardous areas.
33-104. Right of person making land survey to enter lands; damages for injury to lands
A. Any person who is registered as a land surveyor under title 32, chapter 1 or who is an employee of the United States government may enter upon lands within this state to perform necessary work relating to land surveys, and may establish permanent monuments and erect the necessary signals and temporary observatories without committing unnecessary injury. The person making a survey under this section shall make every reasonable effort to give oral or written notice of the survey to the owner of the land before entering the land.
B. If the parties interested cannot agree upon the amount of damages caused thereby, either may petition the superior court to assess the damages.
C. The person entering lands for a land survey as provided by this section may tender to the injured party damages therefor, and if the damages finally assessed do not exceed the amount tendered, he shall recover costs. Otherwise the injured party shall recover costs.
D. Notwithstanding this section, the owner or owner's agent may deny entry to normally restricted or hazardous areas.
TC18guy
Silver Member
Michigan law is simillar. The surveyor is not liable beyond actual damages. Most surveys cannot be done without trespassing on neighboring properties, that is what the right-of-entry laws are designed to protect. I have pushed the right of entry issue on neighbors very very few times in my career, It is always better to be diplomatic and apologetic first. We would never cut down a valuable tree to do the survey and avoid as much brushing as possible as it takes too much time, it is easier to go around.
