Replies to This Discussion

Permalink Reply by little ole 1st grade teacher on April 17, 2010 at 16:16

Is there any mention of "eminent domain" in this offer?

Permalink Reply by SNETX on April 20, 2010 at 2:47

Yes, that was the very first paperwork they gave us.

Permalink Reply by little ole 1st grade teacher on April 30, 2010 at 17:51

It is my understanding that if Eminent Domain is mentioned you should think about taking what they offer unless you want to go to court with the Pipeline Company. Supposedly, you may get more money than they offered you,
but is is my understanding that they can also give you a lot less than what they offered you.....And do you have time to spend in court trying to convince a jury that you should get more.

Permalink Reply by intrepid on May 3, 2010 at 16:29

You don't get a 'jury' in a condemnation case. The 'court' is a board of local people appointed to review what the pipeline offers and what you want and basically 'split he baby'. How they do that is very subjective and I think usually very arbitrary.

I would recommend anyone who remotely thinks they have a pipeline looming in their future to go down to their county clerks office and spend some time looking over some of the condemnation cases to get familiar with what can happen in the process. I think it will be an eye opener to almost anyone. Doing so will also make you aware of who some of the 'commissioners' are and what they are paid to decide what you wind up with.

My opinion is that in a pipeline case a landowner cannot afford NOT to have an attorney. To what extent you may want him/her to act on your behalf is a different matter but you should be consulting with one as soon as you get the first notice from the pipeline co.

If they have sent you a letter then it's coming and it's serious business but how you handle it will have a great affect on how you are treated by the pipeline company. Not all cases result in horror stories.

I was at a meeting recently where a state representative admitted that they get more complaints from the public about pipeline condemnations that any other type of condemnation.

Permalink Reply by adubu on May 1, 2010 at 5:20

what size pipe? If this is 24" pipe in 50 ' easement the going rate is 250-550 per rod avg market of $400 per rod in Texas. The smaller # rods the higher the payment per rod thru your property. You only have about 38 rods so market is 450 per rod. You should have oil & gas attorney redline changes in the ROW agreement this you can not afford not to do if you have never done before. Attorney could do this on hour rate by email pdf format. cost 1-1/2 hour at most 350-600 legal fee will save you and your family many headaches in future to get the wording of ROW correct. Eminent domain letter (they are required my law in Texas to give you this infomation up front and they use this also as threat)will threating you because in Texas they can get court setting within 4-5 months vs La. different law and takes 2-3 years to get court ruling therefore La. property owner can get higher amount per rod. The pipeline company could lose out construction to another pipeline co. different route. In Texas the pipeline co will not fight you over few thousand dollars but will if you have > 100 rods in lenght on $ per rod because it's cost effective to go to court and the judges ruling is difficult to appeal and in Texas it can be done rapidly as compared to La. This infomation form personal experience with 2 ROW done last 12 months --one 8" in 30' easement and other 24" pipe in 50' easement. I used lots of info from this site and I am sharing it now. But you must have good attorney review the wording in the ROW agreement before it's signed

Permalink Reply by jffree1 on May 3, 2010 at 5:42

The permanent easement is 50' X 631' which is 31,550 sq. ft. / 43,560 (acre) = 0.7242 acres. Put the offer in perspective of how much per acre you are being offered. And find out how much is rental for the temporary easement and how much is for damages. Once you break it down this way, you may decide that their offer is fair (or not).

Permalink Reply by adubu on May 3, 2010 at 11:26

sorry to disagree jrreel1--would compare market rate per rod not market per acre or your damage too low. 631/16.5= 38.2424 rods. Market rate for this small 50' lenght is $450/rod= $17209.09 for damage. If you look at acre price at 0.7242 acres this = $23,762/acre. So never let them compare rods to acres. $150 per rod is= $5,736 or $7,921 per acre. On small pipeline 8" with 30' easement at 120 rods 1 year ago received $175 per rod plus timber damage on farm land. Last week sign 46 rods on 24" pipe 50' easement for $450 rod again farm land east texas. Remember you still own land and will pay property taxes for years to come. Don't give it away for little of nothing. They will be coming and going on the easement for long time. I spend lots of time researching ROW and talking to lots of knowledgable people plus my attorney. I sharing those time I spend with people on this site who are going thru same and my find this infomation useful, but consult with a good oil & gas attorney a must for I am not attorney.

Permalink Reply by jffree1 on May 3, 2010 at 17:52

Don't apologize... I was hoping you would expand on your previous post. I think the important thing to remember is that sometimes you just have to use a lawyer. Pipeline ROWs are one of those times.

BTW, I thought they couldn't use Eminent Domain for gathering lines... just transportation lines. Is that not right? We need to be voting for people who will work to protect landowner rights which have seriously deteriorated in the last couple of decades, IMO.

Permalink Reply by intrepid on May 3, 2010 at 16:37

Please look at this check list and other resources on the Texas Land and Mineral Owners website:
What to Do/Say When Pipeline Operators Call? A Checklist. Dr. John S. Baen, University of North Texas, 2007.

Permalink Reply by jffree1 on May 3, 2010 at 18:25

Here's a link:

http://www.tlma.org/jbPipelineLecture.pdf

Permalink Reply by adubu on May 4, 2010 at 14:48

OK except I don't agree with playing DUMB for they will run over you then. Best be nice,smooth, and not aggorance but show some general knowledge with good negotiation skills which if you do not have let some one else assist you or handle for you. Be fair and they will more than likely be fair with you. They have a job and needs --so do you.

Permalink Reply by intrepid on May 4, 2010 at 15:39

In my opiion Dr. Baen was waring against being too smart for our own good or 'outsmarting ourselves' in the negotitaions. I've seen people do that and have probably done it myself if the truth was told.

Playing dumb and BEING dumb are two very different things.

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