Replies to This Discussion

Permalink Reply by Bobi Carr ("parker") on October 28, 2008 at 9:06

Adubu,

I would highly recommend Attorney Randall Davidson 424-4342. He is handling my ROW.

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Permalink Reply by adubu on October 28, 2008 at 9:09

Parker---would you be so kind to fax me a copy of the ROW agreement????----blank out your legal stuff-- Fax # 903 592 5212. Thank You

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Permalink Reply by Bobi Carr ("parker") on October 28, 2008 at 9:15

Adubu,

That would not be fair to the attorney.

I know that some cannot understand this. But attorneys work hard and the final product of the ROW that he is working on for my property is HIS WORK PRODUCT.

Also it is probably not worthwile for your circumstances. The first reason that I can think of is that you are in Texas. LA laws and TX law are quite different.

There are many useful items on this site that you can look at to figure which items you should negotiate, but I wouldn't want to enter into a final agreement without an attorney to review the document. I can assure you that it is money well spent.

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Permalink Reply by adubu on October 28, 2008 at 9:33

Jim and parker --sorry to hit a nerve--I thought this was a site for infomation sharing. Thanks anyway for nothing.

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Permalink Reply by Bobi Carr ("parker") on October 28, 2008 at 9:40

Adubu,

You couldn't ask for more informed advice than you will get from Jim.

I am a novice, like yourself. You didn't hit a nerve.

You may not believe it but we are both giving you advice that may protect you from yourself.

Like many people that entered into leases without legal representation and are now sorry, we are trying to help you from having the same problems.

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Permalink Reply by Grice on October 28, 2008 at 9:41

I am not sure if you "hit a nerve" or not, but it would be unwise for either of them to honor your request. I do not believe they are disrespecting you, but rather trying to convey the importance of seeking legal assistance. if you still are determined to go this alone, you are located less than 2 miles from the County Clerks office. Maybe there, you can find a row filing from other landowners, and use that information to help guide you.

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Permalink Reply by adubu on October 28, 2008 at 9:49

think i do that. The ROW only is 3 rods across so the cost of attorney is more that the ROW at 125/rod.

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Permalink Reply by Bobi Carr ("parker") on October 28, 2008 at 9:53

Why not form a group of landowners with your neighbors. You probably all have the same or similar concerns.

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Permalink Reply by adubu on October 28, 2008 at 11:38

The land is 150 miles away on small ranch. Forming group not possible. I'll just read it myself. I'am not a dummy. Just thought if I could get a copy as guide would be helpful.

Permalink Reply by Two Dogs, Pirate on October 28, 2008 at 12:20

One thing you may want to add to your ROW agreement is something like if the pipeline in not used for 2 years the ROW reverts back to landowner also make sure to provide for restoring the surface to original condition and take pictures before and after. But as Jim Krow said this is not something for a DIY deal. Get the legal fees built into the contract.

Permalink Reply by Eat Beef on October 29, 2008 at 16:22

Hey Adubu,
I'm in the same boat as you are. I have used all the information I have been able to gather from this site, and have written my own ROW agreement. Being as carefull as I could to word things correctly and cover all the items of concern, only to find that my request have fallen of deaf ears, or shall I say, some ROW agents don't like what I have ask of them. They have said NO, to just about everything I ask for, including things that I know are standard in this case. The first thing they didn't like was my price per rod, which was about 3 and a half times higher than their first and only offer, $125.00 a rod. They have sent word to me, that until I agree to their offer (money offered), they are not inclined to consider any of my other request. Accept, two, they did agree to put only one pipe in the ROW...but in their contract they gave to me to sign, it said they could remove it at any time, and replace it with a larger one. (That sounds like the same thing to me.) Just think about it, they would have to dig up the pipe and replace it with a larger one...and give me nothing for the disruption. So, now I am thinking maybe I do need attorney. I just haven't had much luck with attorneys, in the past. I usually end up doing all the work for them, and paying them at the end. I'm not kidding, I've done this several times.
If you get any help from the courthouse records let me know. I wouldn't know where to start, and I just don't have the time to go to the courthouse. And, as far as Mr. Parker saying "Why not form a group of landowners with your neighbors. I have called as many as I can find, and they are tight lipped about what they are going to do, but I know some of them have already signed what was put in front of them, and are getting their checks. But, I think I'm going to be a hold out. I told the company it wasn't to late for them to go around my property, and they said, Oh yes it is, we are already buying right of way of both side of you...and I said, "well that's to bad" I know I am between a rock and a hard place, but I am going to hold out a while, and maybe they will get real about what I think I deserve.
The attorney Randall Davidson, I assume is in La. And, I would like the name of a good one in East Texas. Someone said, Don Wheeler in Center, was good, but I would like to hear what he has done for anyone with a ROW issue.

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Permalink Reply by Skip Peel - Mineral Consultant on October 29, 2008 at 16:38

Eat Beef. Randy Davidson (318) 424-4342 is in Shreveport. He is very experienced with ROW negotiations. He is the attorney that I would use if I were in your place. Good Luck.

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