Hello, Everyone: Date: September 11, 2015
Many people have been approached with contracts for easements, roads, pipeline rights of way, and other legal documents for access to property. Bear in mind, these contracts are written for the benefit of the company, not the landowner.
It is up to each landowner to read these and decide what they want in the contract – that is, IF they wish to sell. But IF you must, you also MUST be armed with information. If you can’t afford a lawyer, at least read up.
Please see, attached and below, the list of recommended additional specifications to be added to Right of Way offers to protect landowners. Pay special attention to points 8 and 22. Please feel free to forward this to others who may be or may know land and/or mineral owners. Besides the ones contained herein, you can add your own.
Too many landowners have been made to feel that they have no choice in whether or not they should sign a contract for the use or sale of their land for pipelines. Companies have been illegally citing Eminent Domain as a reason to give up claim or sign for less than the property, or the LOSS of it, is worth. Do not be taken in by this argument.
If you do not wish to sign, there is no compunction to do so at this time, because, and THIS IS IMPORTANT, the interstate pipelines ACP and MVP have not yet been approved by FERC, and this approval is required before ED can be applied. And if you do hold out, the rewards could be greater if you are forced into court.
With a pipe this large (42″) going through, your property will be devalued up to 75% by what will soon be an outdated piece of infrastructure, when you might have instead put in some solar panels that would increase your property value. Not to mention a life-changer. Interestingly, the ACP is at one point less than half a mile from Buckhannon-Upshur High School, straddling route 20. Can you imagine the mayhem in our county if that line exploded? Promises are just that: words. How smart is it to trust a for-profit company with our lives?
If you have already signed and you feel that it was done under duress, fraud, or misrepresentation, you may have legal grounds to revoke the contract (so don’t spend that money yet!). Contact a lawyer who handles Eminent Domain Abuse, such as Joe Lovett, Isak Howell, or Chuck Lollar.
As landowners and citizens in this time of taking private property for corporate gain, we must stay abreast of information which keeps the power in our hands. The future of our families and our state depend upon it.
>>>>>> April Keating, Concerned Citizen, Buckhannon, WV
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Pipeline Easement and Right-of-Way Agreements -
A Landowner’s List of Terms to Negotiate
From the Blog posted by Attorney Eric C. Camp on December 9, 2013
The following article (blog) discusses terms a landowner should consider when negotiating a Pipeline Easement or Right-of-Way Agreement (collectively called “Easement Agreement”). This list is not exhaustive; each situation is different, as are the laws of each state. This list is not legal advice. When negotiating an Easement Agreement, a Landowner should seek independent legal advice at the outset of negotiations, not just before signing the Easement Agreement or condemnation proceedings.
In this list, the terms “easement” and “right-of-way” are interchangeable. Also, the Grantee is called the “Pipeline Company” and the Grantor is called the “Landowner.”
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