We have acreage where 4 companies have right-of-way/easement rights. We have a chain on our gate with each company having a lock.
We have had several issues lately of one company cutting links in chain to add a sub-contractor lock or just another lock because that particular employee didn't have a key to the lock that was already on the gate.
My question is: Is it legal for this company (or any of them) to just cut the chain and add another lock? My contention is...they all have a lock and access and should NOT be adding locks or cutting the chain.
If anyone knows the answer, would you please cite the law about it?
Thanks
Tags:
I have come across the same issue with some of the Logging Companies that have Right of way access on my property... they hire some Gypsy Sub-Contractors, cut the chain and add another new pad lock... took a Court Order to have them stop that practice. My property is located in NW Oregon, but I image the laws would be similar elsewhere. I would be very interested to hear what the Law of the Land is out your way as well.
Consider this: Would you prefer that the parent pipeline company or parent timber company give out keys (for their lock) to every tom, dick and harry sub-contractor, truck driver, and employee that may need to temporarily access the property for inspection, maintenance, timber harvesting, ect. The next thing you know, everyone has a key to what was once a secure lock. It is common practice here (timber industry) to add another lock (temporarily), give those keys or combination to the sub-contractor, and his employees. Then at the point that the work is complete, and he has no further need to access the property; remove that lock, and you are back to a secure situation, were only the parent company should have access. I prefer to keep access to the main lock limited to a few company employees who are accountable, and use the temporary lock method.
I wouldn't mind that method...if they would lock the temporary lock into the lock of whichever company they are working for. However, they keep cutting the chain (which I believe is illegal). Of the 5 companies who have locks, there is only one we have continual problems with.
You need to know contact information of all who have locks and keys and who is being allowed to enter your property. if that doesn't work... add a new chain and your own lock. Give it a little time and they'll contact you! but i'm not a lawyer and i don't know what's right or wrong. I do know you are being done wrong!
You could also put a motion camera up and take a photo of everyone coming in and out of the gate... even the deer and hogs!
JHH--now that is a good idea. We already have some game cameras...we can just set one up at the gate. Thanks!!!
I have property in old field in Galveston County with at least 3 pipeline operators.
This property is waterfront and is bisected by a county owned levy. My problems are that the operators, or their subcontractors remove MY LOCKS , and the county authorities give out keys to their political buddies, the cops, deputy sheriffs and so do the power company people who service the pumps on the levy. Sometimes it seems I am the only one without keys thru both gates. I have at times totally lost access or any control of access. I have considered removing all locks, chains, etc., putting my own on there and/or blocking the access with a bulldozer and a large mound of debris. OR........Just run them off with gun and dogs!
Gunther:
You won't get very far constructively past the point that you mention "removing all locks, chains, etc., putting my own there". The pipeline operators (owners of right-of-way) have access rights that they will vigorously defend (even against the owner of the property). Thwarting or blocking their access will result in a deputy being called and taking action against you. Whether you granted these rights or your ancestor-in-title did so, the property is subject to the rights-of-way and rights thereto (including rights of ingress and egress).
Starting an argument onsite with them will result in an agent of the company bringing a copy of their ROW agreement substantiating their rights of ingress to law enforcement and action being brought against YOU if you see fit to interfere. If threatened, they will call the sheriff's office themselves to have (a) deputy (deputies) present when they enter. If you ever had a death wish for you or your dogs, try waving guns around and setting dogs loose in the face of law enforcement. You would have much better luck in obtaining a judge's order by monitoring activities on your property, identifying unauthorized personnel entering your property and you and your lawyer lodge a legal complaint.
gate security is not my area of expertise (were i to even have an area of expertise).
but were it my property, i'd set a stout chain and key lock on the gate. and, next to the gateway, in an obscured from the road sort of way, i'd set a small, very stout combination opened lock box containing the gate lock's key. with the box located such that it could be accessed from both inside and outside the gate
the gate rules would be: open/close and re-lock the gate and then put the key back in its lock box before going in. repeat upon exiting.
if a hand w/legitimate access rights didn't know/remember the combination, well, he'd just need to call the office.
someone earlier in this thread floated the idea of putting a game camera in place to look over the gate way. that to me would seem to be excellent insurance in trying to ensure that the honest folks with legitimate access rights stay honest and follow gate procedure.
a last thought, nothing greases the wheels of good law enforcement better than a history of regular but not necessarily large campaign contributions to the sheriff's reelection efforts. i'm sure the galveston county sheriff will welcome another campaign contributor.
386 members
27 members
455 members
440 members
400 members
244 members
149 members
358 members
63 members
119 members
© 2024 Created by Keith Mauck (Site Publisher). Powered by
h2 | h2 | h2 |
---|---|---|
AboutAs exciting as this is, we know that we have a responsibility to do this thing correctly. After all, we want the farm to remain a place where the family can gather for another 80 years and beyond. This site was born out of these desires. Before we started this site, googling "shale' brought up little information. Certainly nothing that was useful as we negotiated a lease. Read More |
Links |
Copyright © 2017 GoHaynesvilleShale.com