Replies to This Discussion

Permalink Reply by Al Cramblett on April 5, 2013 at 4:08am

I see that there have been 13,991 views of this post yet there are only 314 members of the Harrison County GMS website-13,991 views! This is obviously a topic of vast interest. My question to all of you is:"who should be in control on this issue?"My unequivocal answer is"the landowner should be in control". That does not seem to be the case at hand based upon some comments provided. I would suggest the following strategy:

　

1. Take control! Do not permit the Landman to visit you at your residence, especially on an unannounced basis. Start dealing by e-mail, ask questions, then develop a strategy hopefully based upon a consensus of opinion with your neighboring landowners. If you feel a need for professional counsel, I would suggest that you contact Mr. Williams or Mr. Vaughan at 330-244-2878.

2. The landowner should have his own addendum's prepared either by an attorney or by oneself  if you feel capable. There are many easement and  ROW contracts available on this site. I would suggest the easiest to find and one of the best is located on the ALOV website.

3.  Ask to be provided the documentation that you will be asked  to sign via email.  This will permit you to share it with all those with whom you are seeking counsel.

4. If the landman or pipeline company has failed to provide required information such as the diameter of the pipe lines and number of pipelines, simply state in your addendum that you are assuming one 16 inch pipeline (which seems to be a typical pipeline diameter for a gathering line) and price your payment at $15 for consideration and $17 for damages (the landowner will be responsible for defending the damage amount especially with the IRS. Please note that damages are not taxable provided they are defendable).

5. I would suggest it highly probable that you will get a response from the landman which states the number and the diameters of for all pipelines which the pipeline company is desirous of placing in your ROW. Be sure to cover the cost of any additional pipelines that may be installed after the initial construction.

6. Be fair but firm, patient, and talk to your neighbors.

Permalink Reply by Gusher on April 5, 2013 at 4:14am

How could you go about defending $17 damage to the IRS? Great idea but do you have a couple of bullet points on coming up with that type of monetary damage on 4 or 5 acres of disturbed land?

Permalink Reply by Al Cramblett on April 5, 2013 at 6:29am

Frank, I received a 1099misc which was for damages.

Permalink Reply by Al Cramblett on April 5, 2013 at 4:26am

Frank, this is an issue where you need professional help. As I have stated above, my properties are managed woodlands. I hired a professional Forster to do a timber cruise and can actually support a number higher than the $17 I have suggested. Everyone's situation is different, so again I say: "seek professional help by getting the necessary appraisals from the appropriate professional and legal counsel if you are not familiar with contract language ". I had been a contracting officer for the federal government and decided to handle this by myself. The strategy I suggested above has worked for me as I just received a call from the pipeline company agreeing to all  my terms and conditions.

Permalink Reply by Gusher on April 5, 2013 at 4:37am

Thanks.........are you in any posion to share the addendums you incorporated into their base agreement or is that now confidential?

Permalink Reply by Al Cramblett on April 5, 2013 at 6:30am

It's now confidential, but I gave you the source from which I started.

Permalink Reply by Gusher on April 5, 2013 at 6:33am

thanks

Permalink Reply by Jason Grecco on April 5, 2013 at 7:12am

Al, what company did you negotiate with?  I understand that you are now under a confidentiality clause which needs to be followed.

Jason

Permalink Reply by Al Cramblett on April 5, 2013 at 7:50am

Utica East Ohio, Scio, Ohio

Permalink Reply by Gusher on April 5, 2013 at 12:15pm

I think Markwest is doing main transmission lines and these smaller companies are contracted to put in gathering lines

Permalink Reply by Jason Grecco on April 29, 2013 at 2:19pm

Al: You know not many people use their real name like you and I do.....you would think that more people would talk about their ROW deals since they conceal their Identity.................

Permalink Reply by Al Cramblett on April 30, 2013 at 4:38am

Jason, I agree. It's truly too bad we don't share more information about ROW contracts so as to help our neighbors.

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