pipeline and water line right of ways

Hello, This is my first post. I am a landowner in WV with a lease signed with CHK. The well is not on my property but CHK  wants to construct water line to draw water from a creek that runs through my property to the drill site. CHK also wants to construct a gas transmission pipeline across my property to tie in with another drill site. 

We've received the initial right of way agreement documents from the sub contractors who will be constructing them.

Does anyone in northern WV have any experience with this? I would like to hire an attorney

familiar with these issues to add the necessary amendments (ie liability, timber, etc).

Thanks

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2s72s0k9mm8gdPermalink Reply by 2s72s0k9mm8gd on December 10, 2011 at 2:23pm

As far as how close can a gasline be to a home...........How large are trunk lines in practically every city and town in the U.S.? How elevated are their homeowner insurance premiums? My house sits within 150 feet of a tennessee pipeline (don't know diameter) and has gone unnoticed by my insurance company. Shouldn't be an issue with insurance carrier IMO.

Permalink Reply by Janice L. Hancharick on December 10, 2011 at 5:36pm

My husband spent many years as Vice-President of operations in 2 states dealing solely in liability insurance geared for various institutions, cities and towns.  Insurance is definitely something to be considered in any kind of a lease or contract ... pipeline,seismic testing, and well drilling & production. The pipeline firm should have enough insurance to satisfy any negative outcomes to their actions on your property ... in writing ... and to the satisfaction of your representative.  Word of mouth does not hold up in any court.  All this should be up front and on the table before any numbers are discussed.

Tennessee has been in business for decades.  The firm has received permission to expand its capacity by using the same easements to put in another pipeline ... doubling up.  If that's what's happening in your area, are payments doubling up?  Because it's inter-state there is the right of eminent domain, but that doesn't mean you have no rights.  Being a squeaky wheel pays off in many ways.

Permalink Reply by brian kulp on December 11, 2011 at 5:00am

it a 24 or 30 inch line glen

Permalink Reply by Jack Straw on December 10, 2011 at 6:14pm

RE: "I am a landowner in WV with a lease signed with CHK. The well is not on my property but CHK  wants to construct water line to draw water from a creek that runs through my property to the drill site."

If the well is not on your property, are you in a unit that includes that well?

If you are in a unit that includes the well, what you might expect likely depends upon the wording of your lease.

If you are not  a unit that includes the well, you are potentially in a better bargaining position.

 

RE: "CHK also wants to construct a gas transmission pipeline across my property to tie in with another drill site."

This other well site, are you in a unit that includes that well?

If you are not in a unit that includes the well, you are potentially in a much better bargaining position.

If you are not  a unit that includes the well, you can likely tell them that you do not want the pipeline on your property.

If you are in a unit that includes the well, what you might expect likely depends upon the wording of your lease.

 

All in my humble opinion.

One size fits most.

 

JS

 

 

Permalink Reply by jett on December 10, 2011 at 11:15pm

Personally, I don't think it's a good idea to enter any legal agreement without legal counsel. There's a lawyer in Columbus named Dick Emens who is supposed to have experience in the gas/oil lease field. Perhaps he could recommend someone for WVa with similar knowledge.

I think sometimes in our Valley we think what we have is not valuable. On a manufacturing basis, this region has been and obviously still is rich with natural resources.  I've lived in different parts of the country and our natural beauty is abundant, too. I couldn't wait to get back to our moderate climate and lovely green hills and fields.

Permalink Reply by Bird on December 11, 2011 at 4:42am

Before anything is started on are land with the gas pipeline we are going to are lawer.Think about it when you lease for a right of way you can not build on your land you can not plant a tree on your land you can't build a road across it about the only thing you get to do is pay the taxs on your land.I'm for the gas  pipeline just not in my front yard.

2s72s0k9mm8gdPermalink Reply by 2s72s0k9mm8gd on December 11, 2011 at 4:56am

D Nething: Please keep us posted as many of us are going to be in the same boat before long.

It ain't gonna be all roses , that's for sure.

Permalink Reply by Janice L. Hancharick on December 11, 2011 at 10:50am

"Jett", you are correct when stating that many are willing to sign for a fraction of what they can & rightfully should get, simply because they don't understand the value of what they have.  The climate and views feed the soul, but the subsurface natural resources feed the family, pay the taxes, put the roof on the barn & house, etc..  A company wanting to lease anything will downplay the value.  That's good business sense, but whose business?

Often the top gas/oil/mineral attorneys in a region that's being developed, have long been working on the behalf of the energy companies.  Numerous other  OGM lawyers were real estate, divorce, family specialists last year.  The ones that have taken recent courses to up-date their credentials understand all the changes that have taken place in the past 2-3 yrs..  They understand detailed matters relating to Marcellus/Utica plays.  Finding one may be a challenge, but its a VERY worthwhile one to undertake.

Permalink Reply by Kim Paine on December 11, 2011 at 11:00am

Hi Folks, I've been doing some research over the past week since I've posted my first message to this group. Using the comment of this group and other sources I've written up an information document for people negotiating ROW agreements. I'd be more than happy to share it with any of you. Just ask and I'll email you a copy.

Permalink Reply by Janice L. Hancharick on December 11, 2011 at 12:15pm

Thanks for making the info available.  I did the same thing a year ago, but would like to see an up-dated version.  The facts one learns about shale plays and related subjects change frequently ... like nailing jello to the wall!

jlhanch@nc.rr.cm

Permalink Reply by Chris Boileau on December 11, 2011 at 12:15pm

Be sure to get legal advice and oversight from a lawyer with experience working with land owners.  Thank goodness we did.  There were many aspects of the contract we were very naive about. 

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