Projected Pipeline

[radios1]

believe it or not;

talking to an attorney now might be real profitable down the road. and for sure get an attorney if you buy. i have seen many right of way problems and some eminent domain takes that would make you shake you head. never say no-just say you want more$$$ and you need to know when you have got top dollar offered to you before they will invoke eminent domain.

you and we on here cannot possibly think of all the pertinent questions that a qualified attorney who is knowledgeable in right of way can think of. it is quite likely others have contacted attorneys about the line. a search might be worthwhile to learn your rights and what to expect in the way of $$ for the ROW and $$for damages.

i knew a judge that thought he could stop a cable and he was offered much more than other property owners for his right of way. he held out and they condemned his property and gave him 3 bucks a foot for a few hundred feet when he had turned down many thousands of dollars. and no he was not a happy fellow.

edit-i have had a gas line on my property for 70 years with not a hitch.

it seems that is unconstitutional to take property for private use using Eminent Domain!!.. THAT is spelled out as "for public use".. and I can't imagine a JUDGE not being able to stop it by a Court order, unless it was overruled by a higher Court, which can be appealed by an even Higher Court, then going to the Supreme Court, which can overrule ALL Courts..

 

[txdon]

How about talking to your neighbors and see what kind of a deal they negotiated with the pipeline co.

Most of time the pipeline company will include in their ROW agreement, a non-disclosure clause that prohibits giving the information to neighbors. That's where the Lawyer would come in handy because he know the max the will pay for specific land - but you pay for that knowledge and the extra goes in his pocket not yours. If you are satisfied with the initial offer but want better terms only then is it best to go to a lawyer - he will get more money and add better terms and in return his fee will be the extra money he got you.

 

[Diggin It]

it seems that is unconstitutional to take property for private use using Eminent Domain!!.. THAT is spelled out as "for public use".. and I can't imagine a JUDGE not being able to stop it by a Court order, unless it was overruled by a higher Court, which can be appealed by an even Higher Court, then going to the Supreme Court, which can overrule ALL Courts..

"The Lost Liberty Hotel or Lost Liberty Inn was a proposed hotel to be built on the site of United States Supreme Court Associate Justice David Souter's properties in Weare, New Hampshire. The proposal was a reaction to the Supreme Court's Kelo v. New London (2005) decision in which Souter joined the majority ruling that the U.S. Constitution allows the use of eminent domain to condemn privately owned real property for use in private economic development projects.

Souter voted with the five-Justice majority in Kelo v. New London, a 2005 decision in which the Court held that the Constitution does not prohibit a local government from condemning private property in order to transfer the land to a commercial developer that promises to bring in more tax revenue than the original owner, so long as such use serves a subjectively-defined "public purpose," such as economic development of a "distressed" area. "

Lost Liberty Hotel - Wikipedia

 

[dodge man]

As a general rule, utility companies are allowed to used Eminent Domain to get easements if needed. That is usually done before they even talk about building a new pipeline. They have to do some work ahead of time to prove the project is needed. If they weren't allowed to force people to give easements it wouldn't take but one person to stop a project.

 

[JasperFrank]

Any one of your neighbors could also end up being on the finalized route. Even if it didn't run through your property. You would have little control over their placement of a compressor station in this case. This would be a reason for me to walk. As it is now, you have no clear direction as to how to commit to any sort of development planning for the property. If the owners are of the opinion that this has NO IMPACT on the sales price, then I have to wonder if this is something the Land Man just told them.

 

[radios1]

"The Lost Liberty Hotel or Lost Liberty Inn was a proposed hotel to be built on the site of United States Supreme Court Associate Justice David Souter's properties in Weare, New Hampshire. The proposal was a reaction to the Supreme Court's Kelo v. New London (2005) decision in which Souter joined the majority ruling that the U.S. Constitution allows the use of eminent domain to condemn privately owned real property for use in private economic development projects.

Souter voted with the five-Justice majority in Kelo v. New London, a 2005 decision in which the Court held that the Constitution does not prohibit a local government from condemning private property in order to transfer the land to a commercial developer that promises to bring in more tax revenue than the original owner, so long as such use serves a subjectively-defined "public purpose," such as economic development of a "distressed" area. "

Lost Liberty Hotel - Wikipedia

it's incredibly wacky how they came to that decision, despite the easily understood phase in the Constitution!. Kelo v. City of New London - Wikipedia it must have been a monetary issue, that the Supreme Court has benefited from, like the interstate tax case of Amazon and Ebay.. you don't go changing the Constitution without getting something out of it!!..

 

[JasperFrank]

Look at where Katy intersects with the pipeline. Is this near the site of the property? Don't know why people have turned this thread into some sort of property rights issue. As Dodge Man has stated, the pipeline builders have already done the feasibility studies including their legal constraints on "force" easements. I would imagine also that the route is very much nailed down to a rather narrow corridor and that all the title searches in this corridor have already been made. Permian Global also knows what their worst case total cost is going to be in the event of "Fair Value Compensation." You might think that you have a position of negotiation power: Yet, really, you don't.

 

[Tractor Seabee]

Seems like in ED court cases the judges side with the utility rather than the land owner in deciding fair value. The land owner should not have to pay court costs to defend his interest, then some of the incentive to capitulate would go away. Never considered is the landowners ripple cost and lost value to his remaining property. If paying more jeopardizes a project then maybe the project is not a viable business decision. Utilities recover their cost easily where the land owner has no means of recovery of lost value.

Ron

 

[WM75Guy]

The exact route may not be nailed down yet. With 625 miles of pipeline and 6 compressor stations, according to the filing, you should be able to rough guess where they would be in relation to your property. We got a notice of a new overhead electric transmission line might come across our property. In the end it didn't. It ended up several miles away from our property.

 

[mwayne]

To the OP, since it is a gas pipeline rather than liquid I would think the location of the compressor stations are flexible plus or minus a few miles. Seems like for a 42" pipe it will be a large facility with big equipment and big power requirements. If it was my decision I would look for a location with proximity to both high voltage transmission lines and a state maintained highway. Maybe some gas industry experts will confirm or refute this idea. Hope this helps.