Replies to This Discussion

Permalink Reply by chuck calvert on November 15, 2012 at 6:58

I made them a counter offer last week of $550.00 a rod and $10,000 for trees and damages. Still haven't heard back from him yet. Thanks again for all ya'lls help.

• ▶ Reply

Permalink Reply by Phillip A. Newsom on November 15, 2012 at 16:16

Last year, In East Texas (San Augustine), I got $400 per rod from Enbridge and the same the year before for another pipeline.  Be careful.  They will make you think they are compensating you for your trees.  After you sign, they will tell you that the tree compensation is included in the price per rod.  

Also, if you take too long negotiating the final price and push them up to their deadline, they will go Eminent Domain. They will never tell you definitely what is their deadline.  I found out from my lawyers that, in Texas, Eminent Domain becomes a permanent SALE instead of a lease.

I fired the lawyers, called the pipeline company directly and accepted their offer.  When I did that they agreed to all of my other terms that protected the surface land and streams.  All items they rejected when operating through the lawyers.  The only thing I did not get was a higher price per rod or additional compensation for the trees.

Phil

• ▶ Reply

Permalink Reply by Ol' Vet on November 15, 2012 at 16:52

Mr. Newsom, I think you have a misunderstanding regarding the nature of a condemnation (eminent domain). Pipeline rights of way, like power line ROWs, typically provide only the right for the condemning party to use one's land in a particular manner (namely, access, installing and maintaining and rebuilding the line, and carrying product through the line) and restricting the landowner's use of the ROW to activities that do not interfere with those rights (e.g., pasturage or growing of crops that don't require deep plowing, etc.). There is no sale of the land, and if properly handled, there will be a reversionary right for the landowner to have full use of the land again if and when the activity ceases. There are instances of condemnation where full title is taken, such as was the case with a parcel of land taken in downtown Dallas for the City's construction of the Omni Hotel at the Dallas Convention Center, but that is not the usual pipeline ROW situation. I'm not going to get too far out on a limb with all the technicalities, because I'm not a condemnation lawyer, but I am very aware that condemnation recoveries are often at least 10 times more than the final offer made by the condemnor. Granting a ROW should always involve obtaining competent legal advice. 

• ▶ Reply

Permalink Reply by chuck calvert on November 16, 2012 at 2:40

Interesting, after my posting yesterday I recieved an Email from them. He told me that they may be going back to the existing line which, runs through the back of my property and he would get back to me when they know for sure.  

• ▶ Reply

• ‹ Previous
• 1
• 2
• 3
• Next ›
• Page