A guy came to my door yesterday and handed me a document to sign asking for permission to survey. What they want to survey for includes, but is not limited to "...the characterization of land as to property ownership, topographic features, cultural resources, subsurface assessments, wetland delineation and archeology."
The document is from Ohio Gathering Company. This guy also said I had a lateral well on my place and assured him I did not. The document says "Ohio Gathering Line Name: Lick Run Well Lateral." I asked the guy who Ohio Gatherings was working for and he said he did not know. His business card said nothing about Ohio Gatherings--it just had a Michigan address and "Landman" on it.
Of course, I did not sign it and sent him on his way. Can anyone tell me what this is all about?
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If all are sent packing we will have no drilling and no royalities. Thaat is not our goal either. I want to be treated fairly and will treat the companies the same way.
If you are not comfortable having a gas line across your property then say no. They cannot force you to have a gathering line on your land. Only interstate lines have the power of eminent domain.
Yes they CAN force you to take a Gathering Line under this ONE condition:
The line leads to a pad THAT DRAINS YOU under the lease terms of your Lease.
The Pipeline Folks, if they need to, can get really bad about that point.
If you signed a lease (Or a lease was signed by a prior owner of your land), that lease will permit the O/G people to "Remove"; "Use Pipelines", or other language in order to force that line on you.
Will they use that in court? Rarely do they have to as they always are looking at plan A/B/C/D, etc and will usually get what they need from less restrictive landowners. they don't always mind twisting and turning that route. It keeps the price they have to pay Landowners in check.
The courts will back O/G on this if you get targeted for a gathering line.
And I've seen behavior that goes into the realm of criminality perpetrated by desperate Pipeline companies.
I will tell you that escalating pressure is brought upon landowners whom they need and it gets really really intimidating.
Don't play games with this.
Get the lawyer. Ask that lawyer if they know what the term "foreign oil" is.
If they don't, immediately get a lawyer who understands that term and its relevancy to this situation.
They are asking her for permission to survey her land. It might be a bit premature to pay a lawyer to review the survey permission. If they do ask for a ROW then she should defiantly pay a lawyer to review it.
IMHO
Thank you, everyone, for the information. I will just say "no." If they persist, I will get an attorney.
Susan, First re - familiarize yourself with your lease terms and obligations.
This is good advice for all of us.
You really need to know the implications of each paragraph, sentence, and so forth. You have obligations under the lease, so do your future partners.
This is why we have specialist in this line of work - Lawyers.
Whatever we think of lawyers (and there is plenty to think about - good and bad) we need a good one when the other side has VERY GOOD lawyers.
That is your guiding document. The first place to start.
To another poster's point: Yes, we need pipelines. Don't worry about that industry, they'll get what they need to do the job.
What they won't do is negotiate on YOUR behalf. For anything.
One of the reasons pipeline capacity is held back in the Utica play is, in my opinion, the behavior and tone of the industry. They cause their own hell by the way they deal with landowners.
I've seen this, I see this, I've experienced it, I am experiencing it, folks way above me in earning power and folks way below me in earning power are going through this.
It's the way they seem to do business.
I'm not talking about hard bargaining and all the games that go into business.
That is ok and to be expected.
But you need to be in a position of strength before you simply sign what is put in front of you.
No one here has seen the language in the document they wish you to sign or can speak to its implications.
Remember, the most POWERFUL WORD in negotiations is the word NO!
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