Eminent domain process for pipeline

Good Evening,
For those that have been through the eminent domain process, can you give me an idea of what to expect such as the process and the costs to the landowner? This would be for FERC approved pipeline.

Thank you!

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Permalink Reply by evan on December 23, 2014 at 1:02am

My two scents cause I haven't been through it but know someone who has. If it's a line you do not want you are much better off : having them take you to court. My attorney from Columbus who actually worked for the Rockies Express a few years ago says the same thing. You always end up with a much better deal. More money, better terms, and usually a single line rather than giving into them with a multiple line agreement ..But I do not know the process 

Permalink Reply by Booger on December 23, 2014 at 3:22am

1. company offers you a right-of-way agreement with crap terms and crap money.

2. company tries to pay you on the spot with some threats.

3. you do not accept - you say you are getting lawyer.

4. company ups the money offer but it is still crap and terms are still crap.

5. you do not accept.

6. you get a lawyer who specializes in eminent domain.

7. lawyer deals with company now.

8. company offers 10 times more $ and better terms.

9. lawyer asks for your permission to refuse offer because they thing they can get way more.

10. you give lawyer permission to go for more.

********* this is currently where I am with the process**********

11. lawyer gets way more and you are very happy

......I'm using goldman and braustien out of Columbus......no money up front but they take 25% of whatever they get on top of what you can negotiate on your own.

good luck

Permalink Reply by Jan on December 23, 2014 at 3:59am
sounds like We are in the same spot, though our lawyer gave us the impression it may take some money when it does go to court, appraiser and not sure what else. I was given the ball park figure of $30,000 it would cost to fight this. That seems a little high, but I've never been through this before. Our lawyer is also working on a contingency fee. The pipeline company is not giving on including some important language in the easement agreement.
Permalink Reply by evan on December 23, 2014 at 4:49am

Sounds like it would be worth the money it costs. Terms are just as important as money in my book.  It would be hard to get the good terms unless you have a good attorney .  Go get em. 

Permalink Reply by Jan on December 23, 2014 at 8:08am

Jan,

This is another Jan :)

Which pipleline and where?

Permalink Reply by Jan on December 23, 2014 at 9:08am
The OPEN pipeline project, we are located Jefferson County
Permalink Reply by Gary L on December 23, 2014 at 2:31pm

This resource site should yield you some good knowledge on what to expect. Any costs above the contingency fee agreement signed with your attorney should give you an idea of out of pocket expenses.

Examples, postage, faxes, copies are small fees that are deducted from your proceeds when your ROW is signed. Your attorney should make that adjustment with out you having to pay it upfront. Now if you need to take your case to litigation, that's when your attorney would need front money for expert witnesses to enhance your case. I have been through this process and very seldom does it go this far. This is a very taxing process to have to go through. The money part is important, however you should put together a strong list of addendum's as exhibit B that would supersede Exhibit A as the main ROW contract. This will protect you and future heirs. JMHO and hope this helps you.

Permalink Reply by Jan on December 23, 2014 at 4:50pm
Thanks Gary L., that that does help out, never thought about the little things coming out of the payment and wasn't sure about when how the experts were paid.
As for the addendum, would this be recorded along with the lease?

If this does go all the way, does that force the easement agreement to include only the 1 line, only for natural gas, and they cannot sell the pipeline?

Our thinking is we would say no to this pipeline if not for the eminent domain, so we would like to say, once your done with this pipeline for this specific purpose, your done and the easement is null. Is this possible?



Another lawyer said that for them to give in on the terms of the easement is unlikely, being most everybody else signed the generic easements


I appreciate your help!
Permalink Reply by gary smith on December 24, 2014 at 4:43am

always remember, it is the liberals on the scotus  that have made this type of eminent possible.

Permalink Reply by Appalachian on December 30, 2014 at 9:52am

How so?

Permalink Reply by Gary L on December 24, 2014 at 8:54pm

All ROW's are recorded with your County Recorder and most include addendum's. If you see some with out it included, they may have not thought of it, and signed the agreement with out it.

It sounds like your area of concern is what options do you have. Most pipeline operators contract the agreement work out with a land company that assigns landsmen to reach an agreement with landowners. 

Most have confidentiality clauses that keep land owners from sharing dollar amounts.

What are they telling you about how many lines?

Most agreements stipulate the right to assign, sell ,or transfer and probably won't delete that. However on your addendum, you can ask for the release of ROW if it becomes idle for a period of 24 months, and return it back to you. Each company has their own attorney written ROW agreements, that protects them in every angle. This is important that your last paragraph on your addendum list should state that if any conflicts between exhibit A,(ROW Agreement) and exhibit B, (Addendum), that Exhibit B shall supersede. 

Each land parcel is negotiated separately and you DO NOT have to accept a generic easement just because most others did. These pipeline companies use west-law practicing attorneys. 

Have they done an archeological survey yet? Did they do a regular survey and stake out where the line is going?  Never sign a blanket ROW agreement or they can put it anywhere they want and have access to your entire parcel. This is JMHO.    

Permalink Reply by Jan on December 27, 2014 at 4:22pm
It is for 1 30" pipeline. The surveying has been done and FERC has issued the certificate. My understanding of the certificate of public necessity is that it grants them eminent domain power for 1 natural gas pipeline and that is it, and that certificate is not open ended in time.

If this does make it to court, will it limit the easement agreement to this? I thought I also read someplace( cannot find it again) that they will not be able to sell it, when the project is done, the easement is up.

On the addendums, Is there a benefit to either side or both sides to have it in the addendum versus the main easement agreement? We currently have no addendum list, we were trying to put everything in the easement agreement.
Or is it the same either way you go?

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