an LLC, Incorporate Ill also check the county recorders office to determine whether adjoining landowners have recently signed any agreements that have been recorded and check their exhibits. A good-faith offer is a term used in litigation that effectively means the offer made by the acquiring party (for example, a pipeline company) is equitable and reasonable. WebFor more information about pipeline condemnation and eminent domain litigation, contact the NC Eminent Domain Law Firm to learn how we may be able to help, or call 1-877-393-4990. If available preview it and read the description before buying it. The landowner should try to retain his or her ability to use and enjoy the easement area once construction has finished. CAN MULTIPLE PIPELINES BE ADDED TO A PROPERTY? 16. Agreements, Letter We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. packages, Easy Pipelines require some surface facilities. It is easier to negotiate these issues before the easement is in place rather than amending an easement after the fact. Join more than 2,000+ in-house attorneys and landmen who receive our occasional alerts and summaries. A second situation would be if another utility company wanted to construct an easement on the first easement, such as a gas line installation in the same area. Width of the Easement and Temporary Construction Easement. GKT has represented hundreds of landowners on pipeline right-of-way and easement negotiations for over a decade. These are just a few of the many, many pieces of information that Id collect to determine how much leverage my client has when negotiating pipeline right-of-way. He might not have a lot of footage but it might be the only reasonable place to cross that ridge. While pipeline cases are not as common in North Carolina compared to roadway and transportation condemnation, we have handled quite a few properties that have been condemned due to pipelines. This easement should end at a specified date (often at the end of construction). My rule of thumb is that if its not in writing, it didnt happen. Estates, Forms LEXIS 1926 (Tex.App.-Ft. Worth, Mar. What I tell the pipeline company is if you want to have the use of any of these items, put it on the exhibit so my client can consider it. Wastewater Collection and Treatment Systems, Infrastructure Assets and Services Offered, Valuation, Consultation, and Review Report Formats, Litigation Consultation & Expert Witness Testimony, Conferences and Association Presentations, Seminar Development: The Valuation of Water and Wastewater Systems. 1964), as the deed in that case provided for the construction of a single pipeline and held that the location of the initial pipeline established the route for that one line, but that was not determinative of the location of subsequent pipelines such as in this case. Explicit in USPAP is the requirement for the appraiser to only accept assignments for which the appraiser is competent to complete. In many cases, damage to the land not taken can exceed the value of the land that the pipeline actually passes. will not provide a credible or meaningful valuation answer. For instance, if your property has a drainage issue and improvements in the easement area can improve that, you may be able to negotiate for your right to improve the area. WebPipeline easements are in gross. Refer to the easement document for the specific terms and restrictions. New pipelines are being built and new infrastructure added throughout North Carolina and the rest of the country. Truth be told, other than being in court, its my favorite type of case to handle. The cost of the land that is being acquired by way of easement to hold the In this case the Fort Worth Court of Appeals held that a blanket easement for multiple pipelines did not require the grantee to lay the additional pipelines along the same route as the initial pipeline, but rather the grantee was permitted to lay the additional pipeline anywhere upon the entire tract so long as its location does not unreasonably interfere with grantors property rights. You are willing to either share in or bear the cost of land maintenance and are now ready to negotiate. 0000038639 00000 n Identification of Contractors. If the pipeline company seeks an access road, workspace, or facility site, make sure you have the footage for any access road and the acreage for any workspaces or facility sites. In some cases, the research might be completed by a company representative. Types of Ponds, Lakes or Tanks That Can Cross Easement Area. NC attorneys who have worked for both the state and property owners are rare. Agreements, Corporate An easement gives the company access to its equipment or may allow access to a service road if your property blocks access to the road. An easement can decrease the value of a real estate, increase the value of the real estate or it can have no impact on the value of the real estate at all. hb``g``f`c` B, QO! JJ@%-x@lQgaS`,a9xc7Cd L*L\00\c.`arXzy@{Y. % Option For Pipeline Right of Way and Easement, Free preview Option For Pipeline Right of Way and Easement, Option For Pipeline Right Of Way And Easement, Living Lets say you determine you have good leverage. Voting, Board DOES THE TYPE OF REPORT AFFECT THE OPINION OF VALUE? Pipeline condemnation is complicated. They may, instead, find some comparable sales, do their own calculations, and make you an offer based on this information instead of visiting your property to appraise it. Some are much more willing to pay a higher price than seek alternatives. 0000038079 00000 n It doesn't grant the easement holder actual ownership of the land, just a right to use the land for pipeline purposes. Sale, Contract This will help avoid disputes in the future. It provides numerous professionally drafted and lawyer-approved forms and samples. There are professional appraisal standards that apply to all real estate appraisers (the Uniform Standards of Professional Appraisal Practice, USPAP). Land used for residential purposes might be adversely affected by such easements, however, since you cant build a house on a utility easement, and power lines and pipelines arent aesthetically pleasing. Get professionally drafted state-relevant files in a matter of minutes in a preferable format with US Legal Forms! Fill out the form, or call us to set up a meeting at. Oops, there was an error sending your message. 25. We are here to help and look forward to speaking with you. Under Texas law, the Court held, a grant or reservation of an easement in general terms implies a grant of unlimited reasonable use, such as is reasonably necessary and convenient and as little burdensome as possible to the servient owner.. Lets imagine that Piedmont Natural Gas is running a new gas line five miles through Pitt County and they are coming through 50 properties. for each pipeline installed. 0000020626 00000 n Austin represents oil and gas exploration and production companies and landowners in a wide variety of complex commercial litigation matters, including contract and property disputes, royalty disputes, breach of lease cases, lease termination/perpetuation disputes, and an array of other issues in the upstream oil and gas sector. 0000009051 00000 n 0000005958 00000 n The first concern relates to the issue at the top of most peoples minds when it comes to eminent domain: just compensation. I also rely heavily on GIS and topography mapping as well as contacts within the industry to help me connect the dots from the publicly available information. Keep in mind that this does not only apply to the pipeline right-of-way and easement. Corporations, 50% off H\j0z Texas Supreme Court Tackles the Issue in Two Recent Cases, Appellate Court Holds that Shall Not Affect and Other Benefits Language Reserved the Entirety of Royalty Interest, Texas Supreme Court Holds that Assignment Conveyed Entire Lease Interest, Not Merely A Wellbore Interest, Appellate Court Holds that Blanket Easement for Multiple Pipelines Did Not Require Single Route Across Property. Camp Lejeune Water Contamination information | Learn More. When calculating, one (1) linear rod equals sixteen and one half feet (16.5). You want an eminent domain law firm with significant experience negotiating for a fair price but just as importantly the language in the easement agreement and the location of the pipeline. The company should provide the contact information of a pipeline company contact person to the landowner. Choose an Alternative Dispute Resolution Method. Each case is unique and requires a professional appraiser to research and study substantial market data in order to develop an opinion that is credible and meaningful. The company should define abandonment in the easement agreement. 12. However, there may be restrictions and limitations with the use of the strip by the landowner. Sales, Landlord In situations involving older right-of-way agreements (easements granted in the early 1900s), the documents are less specific and in some cases do not delineate the exact location of the underground pipeline. Planning Pack, Home Operating Agreements, Employment Technology, Power of Of course, I urge anyone who has been approached by a pipeline company to seek the advice and representation of an attorney. These types of easements also prevent the landowners heirs from dividing or developing the property. Second, there is the temporary construction easement that gives the company more space, in addition to the pipeline easement, in order to construct the pipeline. 0000004959 00000 n We have had many people call us who hurt their own cases by paying for an appraisal that came back lower than the condemning authoritys. Everything You Need To Know. Will temporary access need to be provided? 2023 NC Eminent Domain Law Firm, All Rights Reserved. The most important fact is that each property and situation should be evaluated on individual basis, taking into account all the circumstances. Records, Annual This information is not intended to create, and receipt or reading this article does not constitute, an attorney-client relationship. Assuming that you and the pipeline company come to an agreement on the exhibit and the price to be paid for the pipeline right-of-way and easement and any access roads, workspaces, and facility sites, make sure that the agreement protects you. We urge property owners not to get an appraisal without first consulting an experienced eminent domain attorney. In the meantime, your property is tied up and restricted. %PDF-1.4 % DOES THE PIPELINE COMPANY GIVE ME AN APPRAISAL? If the pipeline company needs your property to complete a right-of-way route and is without good alternatives, you probably have a great deal of leverage. Should I Hire a Private Appraiser for My Property. Landowners should specify the diameter of the pipeline to be used so that the company cannot replace the pipeline with a larger one at a later date. In addition to the North Carolina Department of Transportation (NCDOT) and other state agencies, private energy companies like Duke Energy and Piedmont Natural Gas can condemn your property whether you agree to it or not.