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Old 05-18-2019, 09:39 AM   #1
JMKro
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Default Pipeline Easement Questions

We found out a few days ago that a pipeline company is wanting to put an easement through our property (gas pipeline). The seller we bought the property from owns the mineral rights. Does he have any say on whether or not the pipeline comes through our property, or is that the surface owner's decision? Also, if the final decision is that the easement will go through our property, how much say does the surface owner have in deciding where the easement is located?
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Old 05-18-2019, 09:42 AM   #2
oktx
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The former land owner has no say. This is surface rights. I would welcome them in. The more agreeable you are the more you will get.
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Old 05-18-2019, 09:47 AM   #3
Big pig
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You need to study eminent domain rights quickly.
And meet your neighbors and find out what’s going on in the area.

Good luck.
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Old 05-18-2019, 09:49 AM   #4
JMKro
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The former land owner has no say. This is surface rights. I would welcome them in. The more agreeable you are the more you will get.
The downfall is we have a small property, so we already don't have a whole lot of room to work with as it is. But, I guess it depends on what kind of offer we get ($$$).
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Old 05-18-2019, 09:58 AM   #5
oktx
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Originally Posted by JMKro View Post
The downfall is we have a small property, so we already don't have a whole lot of room to work with as it is. But, I guess it depends on what kind of offer we get ($$$).
They will low ball you at first. Talk to other land owners on what they were paid. They put one through my landowners place right at the start of bow season. They were working on Saturdays and Sundays, running dozers while I was trying to hunt. I called the land owner and told him and he had the weekend work stopped. The company apologized.

I'm not up on all the eminent domain, but I know if you dig your heels in you will get less. ie gates, cattle guards, roads and the like.
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Old 05-18-2019, 10:03 AM   #6
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As someone with two oil lines, one gas line, one electric line and one water line running through my property and taking up over 25 acres in easements I would hold out and try to get as much money as you can. That's about all you can do. I've always held out and received good money but when they cut your land up as much as they have mine it makes it hard to sell to developers. It sucks!!

Last edited by bowhunting1; 05-18-2019 at 10:11 AM.
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Old 05-18-2019, 11:06 AM   #7
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How willing are they to move the path of the easement based on where the landowner wants it to go (within reason)? Also, let's say the easement is going to run north/south. If you say you don't want it on your property, and your neighbor to the east gives them the green light, would they typically just go around you to save the headache of dealing with someone who is pushing back?
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Old 05-18-2019, 11:30 AM   #8
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Easements like that can be huge assets. I own ~300 acres in east Texas pineywoods. I bought it partly because it had nearly a mile long pipeline and Powerline right-of-way going through it. It already had three box blinds on it and was a great feature for my main purpose- hunting. It gets mowed annually by utility companies and it’s also the best road I have traversing from south-north completely through my property. I’ve never had any issue with with either power company or gas company. But I’m probably a rare case because I just bought the place for deer hunting and timber investment.
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Old 05-18-2019, 01:25 PM   #9
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Easements like that can be huge assets. I own ~300 acres in east Texas pineywoods. I bought it partly because it had nearly a mile long pipeline and Powerline right-of-way going through it. It already had three box blinds on it and was a great feature for my main purpose- hunting. It gets mowed annually by utility companies and it’s also the best road I have traversing from south-north completely through my property. I’ve never had any issue with with either power company or gas company. But I’m probably a rare case because I just bought the place for deer hunting and timber investment.
I totally agree, I personally like pipelines, if you form a good relationship with them , they are a asset, if you are a jerk about things they will reciprocate
Example. On a ranch I ran in Webb county it had multiple pipelines and one was always in disrepair and overgrown, bad roads, ect , the rancher had been a jerk to that company and kinda bullied them , he learned his lessons and the other pipelines where beautifully maintained and if we ever needed anything or they the same.
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Old 05-18-2019, 02:19 PM   #10
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What's different for us is that we don't have a whole lot of trees/cover to begin with, so an easement is going to lessen it even more. It's not the end of the world, it's just more of the whole, "What are the chances?" kind of thing. I'd say as of right now, our biggest concern is having some sort of say in where the easement goes. The current projected path goes straight through a new pond we had completed about a month ago, and the area of the property I hunt. With that being said, the pipeline company still thought that particular stretch of land was under one land owner, but the property has been broken up between multiple people. So they're not going off the most up to date information to begin with
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Old 05-18-2019, 02:32 PM   #11
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The a big pipeline is coming through our property. They offered $15k to run it 600’ through our property I said no. They came back with $31k I said things were looking better and asked where they wanted to run it exactly. After a bit more negotiations we got a little under $50k for them to go through. It’s a 50’ easement

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Old 05-18-2019, 03:57 PM   #12
dbaio1
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First question before anything, interstate, intrastate or gathering line ?
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Old 05-18-2019, 04:31 PM   #13
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Intrastate. Not sure if it's a gathering pipe. We were told it was going to be a 16" pipe that's going to run around 45 miles.
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Old 05-18-2019, 04:47 PM   #14
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What the others said has been pretty good advice.
I have never been on the landowners side but I’ve been the tech that has had to deal with landowners of the pipe I was taking care of after it was installed.

Keep In mind. The ROW people that you deal
With prior and the contractors that install the pipe are generally not the same guy that will be stuck taking care of the assets once they’re in the ground. When it’s all said and done, if something was out of whack don’t take it out on the tech. Speaking from that stand point we generally spent a lot of time and more company money making landowners happy after the work was done, hopefully you get a good guy and if you can be one of the “good landowners” I promise he will help you out in anyway he can.
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Old 05-18-2019, 05:10 PM   #15
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How small of a property?
If they are wanting to run it under the pond, just have them 'bore' completely under your place. Won't disturb anything on top and you'll still get some $$$$. This is what we did on the last one that came thru us.
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Old 05-18-2019, 05:10 PM   #16
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Quote:
Originally Posted by SwampBuck View Post
What the others said has been pretty good advice.
I have never been on the landowners side but I’ve been the tech that has had to deal with landowners of the pipe I was taking care of after it was installed.

Keep In mind. The ROW people that you deal
With prior and the contractors that install the pipe are generally not the same guy that will be stuck taking care of the assets once they’re in the ground. When it’s all said and done, if something was out of whack don’t take it out on the tech. Speaking from that stand point we generally spent a lot of time and more company money making landowners happy after the work was done, hopefully you get a good guy and if you can be one of the “good landowners” I promise he will help you out in anyway he can.
Good information. So in the spirit of keeping a good relationship with the land owner, are pipeline companies usually pretty good about adjusting the path of the ROW based on the landowner's preferences? Obviously nothing extreme, but more along the lines of, "Hey, can it be moved 50 yards this way so it doesn't affect this, that, & the other?".
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Old 05-18-2019, 05:12 PM   #17
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Originally Posted by Pstraw View Post
How small of a property?
If they are wanting to run it under the pond, just have them 'bore' completely under your place. Won't disturb anything on top and you'll still get some $$$$. This is what we did on the last one that came thru us.
Less than 25 acres. We would prefer to have the ROW go around the pond, which means it wouldn't have to be moved very far.
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Old 05-18-2019, 05:42 PM   #18
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They can probably adjust the path to avoid the pond if you work with them. It all depends on the ROW people you’re dealing with. They just can’t adjust anything extreme because it would change the entire path and they’d end up having to adjust back both directions to compensate for one move. Lots of factors

They can bore under ponds but make sure they go plenty deep, I’ve seen where that’s gone wrong and they essentially drained the pond accidentally. But that’s more on the contractor than the pipeline company. They’re expected to know they’re job.
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Old 05-18-2019, 06:00 PM   #19
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Originally Posted by SwampBuck View Post
They can probably adjust the path to avoid the pond if you work with them. It all depends on the ROW people you’re dealing with. They just can’t adjust anything extreme because it would change the entire path and they’d end up having to adjust back both directions to compensate for one move. Lots of factors

They can bore under ponds but make sure they go plenty deep, I’ve seen where that’s gone wrong and they essentially drained the pond accidentally. But that’s more on the contractor than the pipeline company. They’re expected to know they’re job.
Right. That's what I was thinking. I appreciate the info.
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Old 05-18-2019, 06:16 PM   #20
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Which pipeline? We have 3 going through our property as is and have several other right always and 1 more looking to go through right now. They are going to be running about a mile on our place before they direct it a different route. They will claim eminent domain over you and you could possibly be screwed. IMO get an idea from other land owners, but we always go a step above and turn it over to our attorney. I personally don't care for them in our place and don't really care about the clearings for hunting as we do much more than just hunt. Just from property owner standpoint. Also make sure that they have proper coverage in insurance before stepping on your property. A rancher a few miles from us got into a bind when a guy got hurt. Make sure you also get damages from them.
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Old 05-18-2019, 06:47 PM   #21
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Which pipeline? We have 3 going through our property as is and have several other right always and 1 more looking to go through right now. They are going to be running about a mile on our place before they direct it a different route. They will claim eminent domain over you and you could possibly be screwed. IMO get an idea from other land owners, but we always go a step above and turn it over to our attorney. I personally don't care for them in our place and don't really care about the clearings for hunting as we do much more than just hunt. Just from property owner standpoint. Also make sure that they have proper coverage in insurance before stepping on your property. A rancher a few miles from us got into a bind when a guy got hurt. Make sure you also get damages from them.
Not sure to be honest. From what we can tell, the pipeline company wasn't even aware we had bought our property and our neighbor had bought his. Both small tracks. Both with plans to build structures. One track with a pond in the proposed path. Makes us wonder if they might go around us through a property that's probably never going to be "developed" due it's low elevation along a creek. Guess we'll see what happens.
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Old 05-18-2019, 07:22 PM   #22
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Not sure to be honest. From what we can tell, the pipeline company wasn't even aware we had bought our property and our neighbor had bought his. Both small tracks. Both with plans to build structures. One track with a pond in the proposed path. Makes us wonder if they might go around us through a property that's probably never going to be "developed" due it's low elevation along a creek. Guess we'll see what happens.
They may not take the route near the creek due to permitting with wetlands. They can easily bore under your pond and you should be able to steer them in a direction that best fits you, withing reason of course.
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Old 05-18-2019, 07:26 PM   #23
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Idk what they’re offer will look like, but get estimates or make them
Offer you money for any big mature trees they may want to knock down. I’ve heard some land owners getting a lot for big oak trees having to be removed. You can also throw in little stipulations like all the trees they take out having to be cut or removed as firewood and stacked up for you.
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Old 05-18-2019, 07:29 PM   #24
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They may not take the route near the creek due to permitting with wetlands. They can easily bore under your pond and you should be able to steer them in a direction that best fits you, withing reason of course.
True, but some of the path of the proposed easement on our property is the same elevation as the property next door (the creek is the property boundary between us). The difference is that our property has a little more elevation in some areas.
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Old 05-18-2019, 07:36 PM   #25
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Idk what they’re offer will look like, but get estimates or make them
Offer you money for any big mature trees they may want to knock down. I’ve heard some land owners getting a lot for big oak trees having to be removed. You can also throw in little stipulations like all the trees they take out having to be cut or removed as firewood and stacked up for you.
I hear you. At this point, we'd prefer to keep things like they are and not have the pipeline period. Guess we'll just have to see what shakes out.
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Old 05-18-2019, 08:40 PM   #26
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Quote:
Originally Posted by SwampBuck View Post
Idk what they’re offer will look like, but get estimates or make them
Offer you money for any big mature trees they may want to knock down. I’ve heard some land owners getting a lot for big oak trees having to be removed. You can also throw in little stipulations like all the trees they take out having to be cut or removed as firewood and stacked up for you.
I lost tons of mature oaks when a pipeline condemned my ROW, we actually settled outside of court for better terms than the people who fought against the pipeline.
And they paid a hefty $10K for damages and the ROW. That was 30 years ago the money is long gone, but the ROW is still here. And those oaks were a 100 yrs old. And the neighboring hunters can now see completely across my property.

I am not a fan of eminent domain ROW’s. Or anyone have “permanent rights” to cross my land.

BP
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Old 05-19-2019, 08:14 AM   #27
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Do they have to keep the gas pipeline cleared. They don’t clear the one going through my property. Is there a map where gas and oil pipeline are running
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Old 05-19-2019, 10:03 AM   #28
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1. Have them send what they are proposing in writing.
2. Talk with your neighbors about what they have heard and many will talk about how much per foot or per linear rod (which is 16.5 feet) they are being offered.
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Old 06-16-2019, 07:09 PM   #29
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Found out it's going to be a 16" line. The permit from the RRC classifies it as a "Gas Utility" line, but the electronic map on the RRC's website lists it as a "Gas Gathering" line. From what we've read, it's pretty much a given that eminent domain is approved for the project if it's a utility line. However, we haven't seen anything stating that a gathering line project can be approved for eminent domain. Anyone knowledgeable on this? Also, is there any sort of documentation from the RRC or the state that verifies if a project has the power of eminent domain?
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Old 06-16-2019, 09:00 PM   #30
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16 inch pipeline. Figure $2.00- $3.00 and inch so $32.00 to $48.00 a foot unless there are big trees etc that they will be chopping up. Good luck get with the neighbors and see what they are getting and share a cost of an attorney
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Old 06-17-2019, 05:17 PM   #31
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We asked the ROW agent how the line could be a "utility" line & a "gathering" line at the same time. He said that in this case, it is. That doesn't make sense to us. Are we missing something?
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