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Permalink Reply by 0i7okn54zwbdo on July 2, 2013 at 9:20am

As it stands they have a right to put in another line but they are offering landowners some compensation as a gesture of what they consider good will.  Call an attorney who handles these situations.

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Permalink Reply by Sage59 on July 2, 2013 at 11:07am

 I would check on their "good will" offer. The going rate for a twelve inch pipeline is at least $1.00 per inch of diameter per lineal foot. In this case $12.00 per lineal foot or more. (They may wish also to add above ground fixtures, access drives, and structures, These should cost them more.)  I wonder if they would have offered you anything at all if they felt they had a clear right of way. The only time a major O&G company offers "good will" is when it is in their best interest or for PR purposes. Maybe they are just being kind, maybe they are being benevolent, or maybe they simply do not want a tussle over rights. As Marcus suggested, contacting an attorney who has pipeline experience and expertise (with original 1930 agreement in hand) is the best answer in this situation. Decide first if your lineal footage or right of way acreage is adequate to warrant the expense. Give Sunoco fact supported and mutual cooperation, but don't automatically give them the farm. They will happily take it and move on.

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Permalink Reply by Jeffery McLaughlin on July 2, 2013 at 2:17pm

Checking with outside agency wouldn't hurt! 

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Permalink Reply by 0i7okn54zwbdo on July 3, 2013 at 2:20am

I've seen the original ROW.  They're doing this all over Mahoning County.  Asking advice on here is fine but pipeline issues require legal counsel.  There's too much at stake to do it on your own.

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Permalink Reply by 0i7okn54zwbdo on July 3, 2013 at 2:21am

It's "good will" in that they're hoping people will view something as better than nothing.  Not saying they're right, it just seems to be their attitude.  

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Permalink Reply by landowner on July 2, 2013 at 11:43pm

OK, Thank You.

Looks like I need to run this past my gas attorney. We are in Pa, but I am assuming for something like this I can use a Pa attorney vs looking for one in Ohio, correct?

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Permalink Reply by Michael Allen on July 3, 2013 at 2:17am

I have run into these old easements many times and I have some advice. First, does the easement have a defined width? If the easement says a 25 or 50' wide easement, and has the word "pipelines" as in more than one, you should do the following:

1) Get a GOOD attorney

2) Make sure the attorney contacts Sunoco and tell them you will accept only $12.00 a lineal foot across your property or you will challenge the validity of the old easement.In addition you want the word "pipelines" to mean no more than 2 pipelines.

3) You want an amendment to the easement that will allow additional conditions you want to protect your rights and also to protect your property including environmental and off right of way issues.

 

If the easement document does not define the right of way width then along with the above you also want the following:

1) You want an amendment with the above along with a defined easement width. Judges have been consistant in making the company define the easement width, say 50 ' wide.

2) You want a survey plat signed by a registered surveyor showing the location of the old pipe and the new pipe.

 

If the company does not agree, then go to court to have the old easement thrown out and show where the company is not negotiating in good faith or in the best interest of present and future environmental issues. I am sure there are more issues one could raise, but these are the basics.

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