Water ROW damage payment

How much should one get paid for damages on a water ROW.  The ROW is 50 ft wide with 25 ft road access.  The land was originally all trees.  Any info would be greatly appreciated.

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Permalink Reply by Jim Litwinowicz on October 22, 2011 at 6:41am

All depends on your lease.  Agood lease would have stated that any pipeline other than the one gas line would have to be negotiated separately. If it is an old lease or one offered by the company with few addendum, then they may not owe you anything. There should have been a timber clause stating they will pay the value of the timber.

Permalink Reply by Bernie Lombard III on October 22, 2011 at 3:39pm
I do not have a lease yet.  There is a statement in the ROW stating they will pay for damages to the property, including trees and other damages.
Permalink Reply by Appalachian on October 23, 2011 at 4:16am
Bernie,

Is this a temporary or permanent ROW? Timber values are low right now, so I wouldn't expect a whole lot for the trees. What is the total acreage involved?
Permalink Reply by Bernie Lombard III on October 23, 2011 at 5:26am
Permeant ROW. Total acreages about eight acres.  A fifty foot ROW and 25 ft road. 
Permalink Reply by Appalachian on October 23, 2011 at 10:57am
My father was paid damages around 20k for a 50' x 900' pipeline right of way a couple years ago. Total area cleared was approximately 6 acres of mature forest.

Make sure that the ROW cannot be increased in size in the future and that best management practices are enforced for construction and maintenance. Your local soil and water office should be able to help with drainage and erosion issues. I would also make sure that you retain open usage and stipulate that the road not be used for anything BUT water hauling in trucks and that it be fenced and gated.

Be careful...forever is forever.
Permalink Reply by Jim Litwinowicz on October 23, 2011 at 8:15am

My bad, thought when you said "was originally all trees" that meant it was already in. And now I see it is a road way not a pipeline.

I don't know about going rates but I do know the roadway will see lots of heavy truck traffic, day and night, 24/7. That would make me very hesitant to sign if it is near my house or any neighbor's homes. But if it is an isolated area away from homes, I would negotiate a fee based on the number of truck loads in addition to any upfront fee. The more loads the more hassle so I would want compensated.

Look into liability, maintenance, noise, erosion and dust control, storm water runoff, security, and more. Make them responsible for all permitting and compliance issues.

Try for a time limit, like ten years so that you can renegotiate away any problems that develop. At the least, get an inflation rider so that fees stay current.

Janice Lanphere HancharickPermalink Reply by Janice Lanphere Hancharick on October 29, 2011 at 4:50pm

You are receiving great info in the previous replies.  Heed the words!  In addition, the lease needs to include payment of taxes on this land ... i.e. the company pays.  This is land you own, but no longer have the use of.

If the ROW is to be used for water hauling only, why is it forever?  Think imposing a time frame.  When the "end time" comes, what reclamation clauses would make sense for your region?

You can get a ballpark figure for this ROW by logging on to Penn State's site @ its Marcellus Center for Research, Development & Outreach.  Call and you'll actually get to talk to a person!

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