Replies to This Discussion

Permalink Reply by Brian Day on October 20, 2011 at 1:28pm

I remember land men coming around a couple of years back and telling people they might as well sign the lease offered or the gas company would just drill under them and take it.  That was a lie.  Why should this be any different tactic?

Permalink Reply by Lynn Wigglesworth on October 20, 2011 at 1:32pm

They were also using the threat of 'forced pooling' last year, when some people thought it might be passed. "You may as well sign now or we'll be able to force you soon". Another threat that turned out not to be true.

Permalink Reply by paleface on October 20, 2011 at 1:50pm

There is a man in Sullivan township he sells hay and lumber you might know him he has to move because the pipe line is going right where his house is and the gas company is paying him fair market value for the property?

Permalink Reply by ShaleAdvice (Steven C. Townsend) on October 28, 2011 at 12:05am

Give me a call at 855-834-7788 and I'll give you a legal opinion.  its hard to give sound advice without all of the details.  BTW, the call and opinion are free.

Permalink Reply by chris on October 20, 2011 at 6:32pm

Thanks to all for the generous replies...  Anyway, it had been Dominion.  They have a few pipelines stretching through many parts of TC I hear.  Anyway, they decided to break more ground, my ground.  Not too thrilled about it.  Hey, we all know it is coming!!!  Sooner the better, I guess

Permalink Reply by Lynn Wigglesworth on October 21, 2011 at 12:36am

Do you already have a right-of-way agreement with them? If so, they are allowed to use the same ROW to upgrade the pipeline, but no one is allowed to just come on your property and start digging without SOMEONE'S permission (either yours or a courts).

Permalink Reply by rmc on October 21, 2011 at 1:06am

Welcome to the USA this is how eminint domianian works you recieve the paper work in the mail and have x days to reply that was in WV in PA we received notice by mail that the property had been removed from our name in the court house and it was up to us to pursue the case.

But the great news is now we have sites like this where this type of things can be brought to light and shared with others because the one thing this companies dont want is publicty.

Back in the nineties when we went threw this the papers wouldnt touch it at all even when our local courts postponed a ruling indefiantly becasue the opposing attorny forgot to bring closing arguements then we couldnt even file a appeal because there was no ruling etc.

We need a site like this one for our  goverement so we can keep track of who is voting for the people and who is selling there vote to the highest bidder then we the people could  vote accordingly   Ps in case you didnt realize fair market value is what youre local goverment bases youre property on a tax base  unless you have enougth money to have an independent assement done then have youre attorny(s) use that in the courts

Permalink Reply by paleface on October 21, 2011 at 1:17am

Thats about the only real fight you have is to argue up the property value and that takes lawyers and going to court,but I would think this is different because of oil and gas on the property who gets the gas and oil rights?

Permalink Reply by chris on October 21, 2011 at 3:52am

Monies provided had been determined fairly...   Based on recent sales, (comparisions). Again, have not seen paperwork.  I own (% of) all.  We own all land, subsurface, mineral, gas, oil, etc everything.

 

Be on notice, Beware, Coming to a town near you...  eight hundred pound gorilla's... 

Thanks again people

Permalink Reply by Lynn Wigglesworth on October 21, 2011 at 6:52am

I'm sorry Bob; maybe I'm being especially dense today, but could you tell the whole story, with details?  What paperwork did you get? WHO told you it was eminent domain, and not rights leased previously for a ROW?

Permalink Reply by Andrew Paulhamus on October 27, 2011 at 11:57pm

Forgive me if this comment is "naive."

 

Is there a clause in your lease contract allowing this company to obtain a 'right of way' to install pipeline through your property?  I am under the assumption that land can only be obtained by means of eminent domain if it is government-related.  Perhaps you should consult a lawyer.

 

Best.

Permalink Reply by Lynn Wigglesworth on October 28, 2011 at 5:52am

That's what I thought, too. Private companies can't just waltz onto your property and claim a ROW. Even the public utilities (who DO have the right to claim a ROW) have to go through a procedure...they don't just spring it on you suddenly. I suspect that Bob's property had a prior ROW agreement (maybe from the previous owner) that was still in effect.

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