We had a guy come here the other day wanting to put a temporary water line across my property to get to a well for fracking. My question is what is the going rate on price per foot for a above ground temporary water line? There are actually 3 or 4 wells around me they are starting on now. They said they don't want to deal with a few people around me and they needed our property. Anyone know the answer?
Generally $3/ foot. If it were me I would tell them you want to go over the plan drawing and have them indicate where they want to place pumps. That's important because if they out a pump somewhere that means someone drives a truck and sits next to the pump several times a day muddying stuff up. I'd make sure that doesn't happen in low spots and high watervolumev runnoff locations or they could rut up your ground pretty bad. That's the least I'd do. If I weren't in the unit is push for $4/ foot. Seems like it's been $3 round here for past 8 years or so so I'd push for $4. Time for a raise.
The $3 per foot offer I heard was for three years, in reality then you are only getting a $1 per foot per year.
Any one heard that if the water source is on your property they will pay for water used, but not the temporary water line footage on your property?
Call Jeff Rokisky's office and tell them what you want to know and they will direct you to the person who is available to talk about O&G.
By the way it's been my experience that when the opportunity to sign an O&G document arises, there comes with it the potential to be defrauded of of something You didn't intend to agree to.
Find the Cardinal Right Of Way Contract used all over Ohio, it was used to steal the Surface Rights into Perpetuity of every Landowner who signed this bad contract. I had one handed to me and kept it as evidence of what I know to be True.
Most Landowners have made this comment about the Cardinal Gas Services (Another Shell Company Used by Cheapeake to defraud US Landowners of their potential Wealth) Right Of Way Contract: "A pipeline and fiber optic cable went through my land and no one asked for my permission or paid me".
I bet they didn't even go back and read the Cardinal Contract which handed over their Surface Rights into "Perpetuity".
A water line is great opportunity for a Landman to use a Bad Right of Way Contract to make Your Surface Rights theirs.
Some will call me negative for always pointing out how a Landowner might get taken advantage of, but they probably aren't Ohio Residents.
A Pipe Line Right of Way when negotiated fairly or in favor of the Landowner can bring the Landowner multiple fortune(s) due to being paid for Each Pipe line that comes through over time.
Based on the Size of the pipe, content, pressure and other considerations that can be found on a website from a WV Lawyer that I'll find and add below.
One of the many reasons I care about pointing out possible frauds is that instead of Ohioans being paid huge sums for Right Of Way Contracts , the money goes to Oklahoma or other Western States when they take control of the Surface Rights of an Ohio Landowners.
Every Shale Play State has missed the opportunity to have a Bright Future. That can't be changed.
Only God knows what caused the Blessing of US Domestic Oil and Gas to turn sour on everyone but the O&G companies and those who have shared in their "Take". .
Those who have stolen or conspired to steal the Resources of each State will now feel the Pain. Q calls it the STORM. I'll call it JUSTICE.
Good Night doug lawler, where ever you are.
Below is the website every Landowner Should go to and Read how important their Right Of Way Contract is.
I found an Ohio Lawyer to use when the day came that another land man shows up and demanded a signature, Greg Brunton, he may have moved on but look him up and ask for a referral.
Many Ohioans have lost large sums of money to date. By using Your head and being informed, You can make up for some of those losses in a big way on a Pipeline ROW Contact using fair Legal REPRESENTATION..
Plus don't forget that when The US Treasury is holding all of the Domestic Oil and Gas companies that were corrupt, All Ohioans can void all contracts Negotiated by Landmen without a Real Estate License.
I'll be asking for a 25% No Deduction Royalty with a $25,000 per acre signing Bonus. Uncle Sam is much more generous with Our money than a TIGHT O&G Company that thinks they own our Minerals without a payment.
How about letting us know how this ROW contract works out.
Ask for the ROW Contract so you can look it over with a neighbor, then take it to a lawyer and listen, don't sign a retainer, take the Retainer home and read it over. By reading and understanding as much of the ROW contract that isn't double talk, you might see that the contract takes Your Surface Rights into Perpetuity. Your Water Line, as harmless as it seems, can screwed you out of future Fortunes for each pipeline that crosses your land.
Folks, You have no idea how many farmers have been cheated and they still don't know that they no longer own their surface rights.
NEVER NEVER NEVER sign a Retainer that has a Power Of Attorney or a Non-disclosure signature required. That lawyer can sign Your checks and You can't disclose that he is a thief. Who do You call when Your lawyer stiffs You, another Lawyer.
Sure I will
Here is another True Story, that anyone who can read between the lines will get the point.
A neighbor who is a bit hard of hearing had a landman come by and ask him to sign a ROW contract.
My neighbor said "A Road Contract" and the landman played along and said "yes, a Road contract".
I copied his ROW contract in the Electronic Records and sure enough it was titled Road Contract.
The landman said the company needed access to the Well Pad that was already completed and producing.
The landman figured that was easy, so he went to the Courthouse and found all of the Parcels owned by my Neighbor.
The landman wrote up an Adendum to the Road Contract and included all of my Neighbors land in the County.
The landman went back to my Neighbor and asked him to sign the Addendum and he did.
Reading the Road Contract I found that my Neighbor had signed away the Surface Rights of all of his land in the County.
This won't stand since the landman wasn't a Licensed Realtor, but that was luck.
Two things can be learned from this True story, 1) There are people who will do anything to make a buck in the Oil Patch when no one is watching. 2) Ohio Landowners are God Fearing Church going Christians that are Trusting and expect every man to be as honest as he is.
When someone has high moral values and they meet some one who is Ethically Challenged, the State that stands to lose Tax Income due to theft should be heavily involved in ensuring their Citizens are not taken advantage of.
It should be by square foot not just length!! I'd take no less then 12 per sqft.
Do no more then a 3 month or 6 month agreement. Not an auto renewable,
Also, have a damage clause in the agreement too. Replace or reseed any area ruined by pipeline etc. Wasting clause.
You should treat this no differently then a short term rental of your property.
If you have any questions send me an email regarding this.
Mike, good points, except I would say let it autorenew with a right to terminate by either party with a 30/60/90 day termination notice. Accounting may not have gotten the notice that they are not using your land anymore and continue to renew for years. I am of the mindset that I will NEVER sell a right of way again - if they want to run a temp water line or perm buried pipe I will demand it be a rental agreement - they pay for each month/year the property is in use. This one time payment for a right of way that will make them money forever it just stupid (from the landowner view, brilliant form the company view). They should pay for each time period the property is in use - and if they are done, clean up and go away with no future payments. Another point is that the first payment should be made at time of signing- so if they don't need the land, you have been paid for the hassle of negotiating, hiring counsel, and signing- no check, no ink on the line.