Replies to This Discussion

Permalink Reply by 0ym9x5ag7ury2 on April 4, 2016 at 10:51am

Alice,

    I just posted the below information on another discussion on this website, but it is worth repeating here.

David McMahon, a WV Attorney provides the following advice you need to read prior to negotiating a Pipeline ROW.

http://www.wvsoro.org/resources/advice/Pipelines_What_Surface_Owner...

I know a Columbus Ohio lawyer who advised me to make my best deal with a pipeline company but don't sign anything. The lawyer would then take the contract and revise it to get more money than I could negotiate alone. He would take 33% of the additional money he made for me as his fee.

You need a good attorney for this or you will lose, as I stated below.

It's me, with a ROW contract tip.

I recently saw what happened to a Farmer who signed the ROW Agreement that Cardinal Pipeline carried around the counties in OH, PA & WV asking for signatures while telling everyone they don't negotiate.

From reading the ROW, myself and others knew that anyone who signed this ROW Agreement would no longer own their right of way.

It has been confirmed by this Farmer that when the Fiber Optic cable was laid across his land, no one called on him for permission, or paid him. Cardinal Pipeline did the negotiating and legally took the money for the Fiber Optic ROW since they now ETERNALLY own the ROW for this Farmers land.

Sign nothing for anyone in the O&G and related industries who has a contract for you. Only sign after you have it rewritten by a lawyer in your favor, otherwise you will lose every time.

Sorry for the negative news, but someone has to educate landowners.

Permalink Reply by John F McClelland on April 4, 2016 at 12:50pm

I think landowners should be paid for allowing the pipeline to be placed on their property and also according to the amounts of gas that are transported through that pipeline with both being priced per foot of pipeline length. It seems logical that pipeline companies are paid according to the amount of gas and the distances they transport it. Why shouldn't landowners also be compensated accordingly? It is time for landowners to receive compensation for their gas and for the use of their land for transport of gas as equals rather than as persons too unaware of what is fair to know what their share should be.

I'd also be reluctant to sign anything claiming to be an agreement in perpetuity. Terms should be renegotiated periodically.

Will the pipeline folks like this? Of course not but, if enough owners insist, they will feel the pressure. One thing is for sure, they will exploit owners if they can get away with it.

Permalink Reply by Frank Walker on April 5, 2016 at 5:02pm

Agreed, John.  And they will exploit us by picking us off one at at time . . exactly as was the case when they were leasing land for NG development.

Permalink Reply by 0ym9x5ag7ury2 on April 5, 2016 at 12:11pm

John,

      You are correct in your thinking. David McMahon's write up (see latest Pipeline Discussion) states that you should be paid by Diameter of pipe, Content of pipe, Pressure of pipe, and that's just the beginning.

Having a term on the ROW sounds like a good idea, I'll keep that in mind. The landowners who signed or were forced to allow Rail Road ROWs should have had a clause that allowed them to continue owning the land when the tracks were no longer used.

I remember reading that the eminent domain RR ROWs automatically went back to the owners. Now those land owners who signed a RR ROW, have Rails to Trails, and fiber optics replacing their RR ROWs.

I've always wondered how the landowners fell when I ride my bike through their back yards on an elevated Rails To Trails bike path.

Permalink Reply by John F McClelland on April 5, 2016 at 1:34pm

Ron,

Landowners are also exploited by pipelines because we still have to pay property taxes on the right away and cannot grow and harvest timber from that land. This is a significant annual loss to owners that is not dealt with, for instance, in the agreement that my grandmother was deceived into signing in the 1930s.  Pipeline companies also tend to use herbicides as a cheap way to maintain right aways without permission from landowners who may have environmental concerns.

Permalink Reply by sircedric on April 5, 2016 at 9:51pm

Alice, I have two pipelines going across my oak forest. The Marc 1 was eminent domain so there was very little wheeling and dealing going on. I got $8 a foot,$5800.00 for damages. I cut the trees down myself before they did and sold the logs and had about 3 years of firewood before it all went through there chipper. Another $4500.00. Then a gathering line to a well pad was put in right beside the Marc 1..Our lease states that if i am in a unit, one gas line can go through our property. We were glad to have it go along side the Marc 1 and not break up the forest. I am in the unit and i want Royalites so no argument there. $27.00 a foot. $800.00 for damages, again i cut and got the firewood out before the chipper. Your getting a lawyer and have recieved lots of advise on this site, so you are good there. I looked at things in a little different way. The money wasn't going to make me richer, it comes and goes. But what was i going to have and my children going to have when it is finished. There is a 100 ft wide path up and over my neighbors on the left and the same on the right. It is planted with enough grass,clovers and vetch to feed a thousand bison. I've planted apple,spruce and pine trees along the edges. We take walks up to the "Top Of The Mountian"and see all kinds of wildlife utilizing the pipeline. This is what i had invisioned from the start.One neighbor has a barb wire fence and a gate. Why? just because they ask you? If anybody was to 4 wheeler up there they would just go around it. I can't say i enjoy seeing that pole out in front of the house with all those wires but guess what. Can you imagine if they were just being put up now? The lawsuits,the lawyers, the complaining and trying to get every last penny from Penelec. Its not the money to be made that will make you happy. Its what you and your family will have to look at for the rest of your lives. So many negitive people out there. Make the best of it for your future.

Permalink Reply by Alice Schneider on April 13, 2016 at 5:39pm

We certainly have a concern for protecting our land. When we  bought our farm, the lease was already in place and transferred to us. It was a early lease. Not any say in that. Not wanting a pipe or two going across the middle of the acreage.  They can put it above the clouds for all I care if it means us being unhappy. What do you mean when you talk about a pole in your front yard, Sircedric??? Thought I needed a price idea to ponder.

Permalink Reply by sircedric on April 13, 2016 at 8:33pm

Electric pole. Sorry, not trying to be sarcastic. I  gave you a price to ponder and i would of gladly had  them  put it above the clouds allso. I didn't have a choice either, so i tried to make the best of the situation. Just my point of view. Good Luck.

Permalink Reply by Alice Schneider on April 13, 2016 at 11:23pm

I guess I don't understand why the pipeline people would need to put up a pole in your front yard. Or is this something different between you and Penelec ?