10 tips to know if a pipeline company comes knocking at the your door

1
70

(This is a list of items to keep in mind when a landman comes knocking on your door. To find out what pipelines are being considered in Ohio, check this story out: Part I: pipelines being planned across the state of Ohio.
To find out what family deals with pipeline negotiations, check out this story: http://www.farmanddairy.com/news/negotiating-pi…n-live-forever/222854.html.)

• Play it cool
If a surveyor appears at your door, allow them on your property, as forbidding access will not stop the process. But don’t panic and don’t sign their survey form. The law gives you important protections and rights. Call an attorney for a better survey permission form.

• Don’t be intimidated
Condemning authorities may try to pressure you by telling you the project is urgent, or that you are getting a one-time offer and will lose everything if you don’t accept, or that you will be sued if you don’t accept. This is not the case.

• Slow down
While, the condemning authority will stress the urgency of getting the property owner’s consent, the landowner should take all the time he needs to access the situation and consult with an expert. Slow the process until you have the time to be fully informed. This can be accomplished without any penalty or cost.

• Don’t sign anything
A landowner should not sign any agreements without first having them reviewed by an expert. An experienced lawyer can assist a landowner in negotiating settlements and developing easements and agreements to protect the property owner. A lawyer is essential if the matter ultimately goes to litigation.

• Know your rights
It’s unlikely you can stop a pipeline from being routed across your land, no matter how hard you fight. If a landowner doesn’t want to grant an easement, the pipeline company can take the landowner to court because in Ohio many pipeline companies have the power of eminent domain. However, the law ensures landowners fair and equitable treatment and just compensation. An experienced eminent domain attorney can help you get that.

• Turn to an expert to negotiate an easement that is safe
A pipeline can impact the safety of those living on the property, along with their livestock. Cases of pipelines leaking and/or exploding, while rare, have been known to happen. That is why the placement and terms of the easement are critical.

• Turn to an expert to negotiate the easement
An easement can greatly restrict current and future property and land use rights. For example, property owners are often restricted from building over an easement. This can greatly affect the future use of the land and its value. An experienced lawyer can assist a landowner in easements that protect the property owner and the value of the land over time. Without proper legal protection, a pipeline company will negotiate an easement that is in their best interest, not yours.

• Turn to an expert to determine “just compensation”
Just compensation is the fair market value of your land. Fair market value is not based on the current use of your land, but rather on the highest and most valuable use that the land could be put to. An expert can analyze your land’s development potential and highest value.

• Don’t panic if the pipeline company starts talking about an old easement, but do get help
There are many pipeline easements crisscrossing Ohio, in some cases dating back to the early 1900s. It is not unusual for pipeline companies to try to use these old easements to locate a new pipeline.
It is also not unusual for the pipeline company to claim that they either don’t have to pay additional compensation or that they only have to pay the compensation specified in the old easement — in some cases this amounts to only pennies per foot. Ohio law contains numerous protections for landowners who find themselves in this situation.
In every case where a pipeline company seeks to enforce an old easement in this manner, an attorney should be consulted to determine if the pipeline company really has the rights that it claims.

• Be prudent; understand that in most cases, expert legal counsel will pay off
In almost all instances, an attorney will agree to review your situation without a fee and, thereafter, will be compensated on a contingent fee basis, taking a percentage of the additional money realized above the original offer.

(Source: Law firm of William Goldman and Michael Braunstein, which is dedicated to representing Ohio property owners facing potential eminent domain issues. For more information visit www.Ohiopipelineresults.com or call 888-231-2554.)

 

(This is a list of items to keep in mind when a landman comes knocking on your door. To find out what pipelines are being considered in Ohio, check this story out: Part I: pipelines being planned across the state of Ohio.
To find out what family deals with pipeline negotiations, check out this story: http://www.farmanddairy.com/news/negotiating-pi…n-live-forever/222854.html.)

STAY INFORMED. SIGN UP!

Up-to-date agriculture news in your inbox!

1 COMMENT

  1. It is incorrect to tell people that pipelines cannot be stopped. Several have been stopped or rerouted through public outcry, involvement in the process, and by courts. Pipeline companies do not always meet statutory compliance and the taking must be a public purpose. ET Rover just rerouted around Detroit due to public outcry and I am aware of several court cases defeating pipelines. Stop giving the gas industry more credence than it deserves and research your facts.

LEAVE A REPLY

Receive emails as this discussion progresses.