Replies to This Discussion

Permalink Reply by Johnnie Joe on September 2, 2011 at 5:05

I do not know of any new law that states ROW can only be aquired by area? 

 

What I understand is that you negotiate whatever you want to and come upon an agreement.  It could be by rod (16.5 feet), foot, area, they build you a new house, whatever.  As long as it is agreed upon.  If you don't come to an agreement they cannot build the pipeline across your property without trespassing unless they have the right of eminent domain, an existing lease agreemet that allows pipeline to be laid without aquiring Right of Way, or have been assigned from an existing lease agreement.  -There might be a few other ways but those are the main ones and the lease agreement mostly only pertain to products coming from the wells in the lease.

 

The Natural Gas Act Section 7 (h) allows the right of eminent domain for a common carrier.

 

"(h) Right of eminent domain for construction of pipelines, etc.

When any holder of a certificate of public convenience and necessity cannot acquire by contract, or is unable to agree with the owner of property to the compensation to be paid for, the necessary right-of-way to construct, operate, and maintain a pipe line or pipe lines for the transportation of natural gas, and the necessary land or other property, in addition to right-of-way, for the location of compressor stations, pressure apparatus, or other stations or equipment necessary to the proper operation of such pipe line or pipe lines, it may acquire the same by the exercise of the right of eminent domain in the district court of the United States for the district in which such property may be located, or in the State courts. The practice and procedure in any action or proceeding for that purpose in the district court of the United States shall conform as nearly as may be with the practice and procedure in similar action or proceeding in the courts of the State where the property is situated: Provided, That the United States district courts shall only have jurisdiction of cases when the amount claimed by the owner of the property to be condemned exceeds $3,000."

 

Basically if you don't come to an agreement the county commissoners (and maybe judges?) will decide how much you get paid and the pipeline will come through without delay.  Most of the time companies don't want to go into this process because it can take a bit longer, cost legal fees, and can even end up costing more than what they are willing to offer.

 

Do some research and find out everything you can before you just sign.  Don't let them pressure you into signing anything you don't feel good about.

 

Here's some more info.

http://www.rrc.state.tx.us/about/faqs/eminentdomain.php

 

Permalink Reply by Spring Branch,mineral owner on September 2, 2011 at 5:28

Don't worry about the new law.  As I appreciate it, the new law just requires that they make an opening offer in writing on a per acre basis, based on the County Tax Assessor's appraisal.   That is an opening offer only and is a joke.  Pay no attention to it and negotiate on a per rod basis.

Permalink Reply by Johnnie Joe on September 2, 2011 at 5:35

I wonder if they get anyone to sign on that initial offer?  Man pipeline companies could really "steal" some ROW by skinnying up the ROW.  43,560 sq ft / acre.  You could go over 3/4 of a mile for the price of 1 acre...

 

Thanks for the info SB.

Permalink Reply by ronda and bruce on September 2, 2011 at 7:09

thanks everyone for the input. we realize our initial offer ( $360/rod) is a low offer. hopefully others will ,too. and we had to do our own calculations to figure out per rod...offer was ONLY for per acre! well, it does pay to do your homework! this site is so helpful...

Permalink Reply by Johnnie Joe on September 2, 2011 at 7:14

Yeah, make sure to get paid for ROW and damages. They might write one check but get a document showing the breakout. Damages are tax free until the property is sold I believe. So ask for all the damages they'll give you.

Permalink Reply by Spring Branch,mineral owner on September 2, 2011 at 9:30

We are still in negotiations and nothing has been decided as yet.  They are asking for a 50' Permanent easement and a 50' temporary workspace easement.  I thought the 50' workspace easement was a bit much and told them I would give them a 25 ' workspace easement.  They came back and said they might require a 50' workspace easement, so I plan to give them one price for a 75' total easement and another, higher price for a 100' total easement. They can take their choice!  Like I said, we havent agreed as yet.  I guess they are "chewing "on it.

Permalink Reply by Johnnie Joe on September 2, 2011 at 11:13

The 50' makes it easier and safer to construct. Sometimes they'll ask for additional for creek crossings, HDDs, etc. 25' is sometimes ok if it is flat and won't be hard to construct. Wetland impacts sometimes limit you to 75' total impact or you have to buy credits. Any above ground settings or access roads they want should also be another cost.

Permalink Reply by ronda and bruce on September 18, 2011 at 10:52

yes, they are neg. per acre....but, a little math skills go along way! and, it is for a 24" line x1.

Permalink Reply by Avate Smithson on October 7, 2011 at 4:04

I inherited land in San Augustine and was sent a letter from Enbridge about the pipeline going through my parents property. I spoke to the man yesterday and he is sending me a packet in the mail (I am out of state) I then have to call him and he'll make me an offer and then I guess I can negotiate. I have no clue what a fair offer is. I can't afford an attorney especially if this may not be alot of money. If anyone can help me with this my email is avate100@gmail.com I know the amout is confidential am I'm not asking you for personal details. I just would appreciate some advice as I don't understand it all. Thanks

Permalink Reply by etx44 on October 7, 2011 at 4:31

How wide is the property they need to cross, if a lot it could be a lot of money ?

 

 

Permalink Reply by Johnnie Joe on October 7, 2011 at 4:44

I believe the awarded amounts if condemned is public information.

Permalink Reply by Avate Smithson on October 7, 2011 at 5:15

Thanks to everyone who replied. I got some very helpful information. I really appreciate it!

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