Replies to This Discussion

Permalink Reply by craig on August 2, 2012 at 4:53pm

You have already passed the first step if they are interested in surveying, etc. Do you know the diameter of the pipe they want to install? We have had MarkWest talking to folks in South Beaver about a ROW for a 36" line from Butler to Vanport. I'm told they usually have 3 or so routes they explore looking for the ideal path, not only in terms of the lay of the land, but also in terms of who is amicable to the ROW.

 You need to ask them if this is a transmission line or a gathering line. Where is it coming from and where is it going? Are there provisions for multiple lines in the same ROW. 

Make dang sure you understand what you are signing, if you sign anything. ...pipeline ROWs can be held virtually for ever.

There are those in the area that have had surveys done like you describe for the gathering lines headed to the Thompson Wellsite, however I don't think that MarkWest gets involved with gathering systems.

Good luck, keep us informed. 

Permalink Reply by ECM on August 2, 2012 at 5:13pm

Thank you.  My concern was even in just signing to allow the survey, as it seems the contract presented to us was giving them very broad rights with no termination date and with no compensation. 

If I should cross that threshold...then I will have to consider if I want a 100 foot wide right away through my property for ever.

A 100 foot right of way does not seem to  be a great selling feature when trying to sell our home...and we are of an age that we are planning to sell in the near future. 

Again, thank you for your kind input.

 

Permalink Reply by craig on August 3, 2012 at 3:31am

I've personally not seen such a document. Without seeing the document...i'm guessing that IF they really are that interested in surveying your property that you will be able to amend the terms somewhat, including a shortened time frame among possible other things.
IF the document includes things (as your other post suggests) such as ROW size, number of pipelines etc....GO get a lawyer....and I'm not real fond of lawyers. That document is not just for surveying it appears to me. Don't sign quickly until you completely understand what it says and allows.
I have friends that signed what is filed with the county as an Option Agreement and is actually a Memorandum of Easement and Right of Way Option. It includes a time limit of 2 years. This gives them the right to survey etc, and to start to build a ROW and pipeline(s) in that timeframe.
Things I would include in any pipeline related document:
Narrowing the ROW to 75'
Make them take the pipe out of the ground after non-use of a specific time period, say 1 year. The state previously would let them evacuate it, plug it and let it stay in the ground....at least that is what I was told.
You need to know the size of the pipe as well as is it a transmission line, which I believe it is.
Only allow one pipeline in the original agreement, all additions to be negotiated at the time.
I gotta go right now. Will keep tuned.

Permalink Reply by ECM on August 3, 2012 at 12:45pm

My experience with using a lawyer for my lease was not fruitful.  At threehundred dollars an hour, I expected some insightful knowledge and protection.  I believe that I negotiated a better lease on my own after 16 months of gathering information. 

I really am so grateful for  the information you have given me.  I am not going to be in any hurry to sign anything, even though the young man from MarkWest says he is coming back next week.  I want to make sure that should I sign a limited time contract to allow for a survey, that it does not have any wording that automatically activates a right of way...or gives them any rights beyond the survey.

Good information to contract for one pipe line only.  

I will continue to watch for any further information you can give me. 

 

 

 

 

Permalink Reply by Larry Livengood on August 4, 2012 at 1:01am

A quick test of selling your property.  Next time you are in your local bank, ask them if they would write a mortgage on your property with a 100 foot ROW containing a high pressure transmission line.   Their response will give you good insight to the value of having the ROW.

Permalink Reply by ECM on August 4, 2012 at 2:48pm

Thank you, for that thought.  I myself opted not to purchase a piece of property because there were some underground gasoline and oil tanks that had not been removed.

My property is on two parcels, so maybe I will only offer the parcel with the house for sell and maybe the pipline on the remaining parcel. 

Do Gathering lines have the same liability as Transmission lines? ??

Lots of things to consider.

 

Permalink Reply by Larry Livengood on August 4, 2012 at 4:47pm

Weigh the amount of money you would receive against the devaluation of the property.  The ROW is grass or crops only once constructed, and you continue to pay taxes, but have restricted use.  If it is a parcel of some size and the ROW is against the outer boundary, not through the center, you retain some use of the land.  This is an easement, not a lease.  One payment for them to use it as long as they want, and how they want.  Move slowly, consider everything.    If the ROW is 100 ft wide, then for every 436 of length, you lose an acre of ground.  Calculate the money offered, and see if you could buy comparable acreage for the same money.  Lots of things to think about.