No pipeline (Howe: lease, inspectors, utilities)

[Ellis Bell]

Hello. I saw this on the news the other night.

UPDATE: No pipeline in my back yard! | KETK

And I was wondering if any one had any update, or issues and concerns about the pipeline being brought into Wood County.
I heard them talking about how safe it was, then how maybe that is not a true statement.

Prescott says the overwhelming majority of landowners have accepted TransCanada’s offer for an easement. But to be fair, there’s not much choice in the end.

I guess this is not something any one can stop, so how do we deal?

And for those who are looking into relocating to...may like to have this as a bit of information to help with their decisions.
~bell~

[lonestar2007]

Get with your neighbors, band together and decide on a fair price for your land that they want to lease for the easements. Make sure you are going to be satisfied with the money amount and the conditions (i.e. temporary easement footage, permanent easement footage, rebuilding of fences, gates, cattle guards, re-sodding of grasses, etc.) that you agree on because you are going to be stuck with it after the contracts are signed. Make sure that they include that they will maintain the easement, stuff like that. Things will come to you as you get further into it that you will want to check out. It doesn't hurt to have a clause put in there that they have to remove the pipeline and restore the property back to original state in the event they stop using the pipeline. This issue will be so far in the future that it probably won't affect you, but one day it is going to affect someone. They (pipeline company) don't mind putting this in either (they figure it will be someone else's problem anyway) but it could have a positive effect if and when you go to sell your property.

The more people who band together on your stretch of the pipeline, the better off you will all be. If one of the people involved in a prominent person with access to a lawyer, investment banker or who just happens to be one themselves, then you will be so much better off.

Just hold out as long as you can for the most money. They will threaten lawsuits early on, but they will do their best to settle with you up to and even after they file a lawsuit.

Be reasonable, but be fair to yourselves. Remember, these guys are going to reap mucho grande profits from their pipeline and your land is instrumental for the process. Don't sell yourselves short! BUT, it's hard for one or two people to stand up to them, although you can. It's just easier with more people who will stand together. The landman can give you a plat showing the route of the pipeline. Get with your neighbors and have them get with their neighbors. Hold meetings. Contact the Railroad Commission if you have questions. Google info on the web.

Good luck!

[Ellis Bell]

Thank you Lonestar2007 for your response.

Confident landowner(s) will get the better deal.

What you brought up that I didn't think about was the future and what happens to the land when it is not needed by them any more.

However, were I did get stuck, in this situation is safety issues and concerns. The people who are fighting the pipeline being brought in under their property, they don't stand a chance at winning the fight.

I just think this is a conundrum for the landowners of Wood County. As well as many other as that pipeline runs North.

I guess it's true, can't fight progress.

[lonestar2007]

No, you can't stop them, but you can still organize to get the best deal you possibly can. That's where everyone needs to spend their energy because to simply say, "I don't want it, so go elsewhere" just won't fly.

Of course they have safeguards in place for safety, but we all know...things can happen, but they will have inspectors on the job site at all times overseeing it. Again, contact the Railroad commission with any concerns or issues you might have.

I guess it's true, can't fight progress.
Ah yes, progress! How sweet it can be at times!

[jimboburnsy]

Originally Posted by lonestar2007

No, you can't stop them, but you can still organize to get the best deal you possibly can.

You may be able to make it expensive and uncomfortable enough for a small pipeline outfit or an oil company to take another route, but a public utility essentially has powers of eminent domain. As another poster stated, it's a similar process as seen when a highway is widened; they offer you a low-ball actual damages settlement, you go to court and hire an appraiser to make a case that the actual damages are much higher, then you get some more money, hand some over to the appraiser and the utility company lays the pipeline.

[lonestar2007]

Eminent domain is the key here. They have it (pipeline companies are considered public utilities) and they will use it. All you can hope for, is that you are able to reach a somewhat satisfactory arrangement because once they center in on you, they don't back off. The large, reputable companies are a lot easier to deal with than the small, fly-by-night companies, but they are all cut-throat, so it can be a pain the a**, that's for sure.

I just know anytime you are dealing with them, it's better to do so as a group, rather than individually.