re: Pipeline on farmland

Most of the pipeline companies that my family has agreements with have been good corporate partners. A Right-of-Way and Servitude agreement was written by attorneys for the benefit of the corporation, not the landowner. Most of their attorneys are fair and will agree to reasonable language changes.

Most of the landmen are honest people making a living and several have educated me with terms in the contracts. Many of them can read title better than lawyers. Remember that their job is to get signatures.

Eminent Domain has been extended beyond its intent to benefit only the shareholders of pipeline companies (even foreign-owned ones). I have no problem when it has to be used for the public benefit such as public highways, municipals such as parks and civic centers, hospitals, and airports. It appears that LADOTD might need some of our property for the Calcasieu Bridge replacement. I only recently became aware that the bridge will only be one component to the project.

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OWNER shall have the right to fully use and enjoy the above described premises, except as to the rights herein granted; and OWNER agrees, not to build, create, or construct, nor permit to be built, created, or constructed and obstruction, building, engineering works, or other structures over said SERVITUDE which would interfere with the operation of the pipeline. The SERVITUDE herein granted shall be restricted to the actual width of the pipeline as laid hereunder, except that XXX may use a 30-foot in width strip, being 15 feet on each side of the SERVITUDE, during the temporary periods when it is necessary for XXX to perform maintenance and repair work on the pipeline. After construction, XXX hereby agrees to promptly pay and damages which may arise to growing crops, pasturage, fences or buildings of OWNER for the exercise of the rights herein granted.

The SERVITUDE grant is granted and accepted subject to the following stipulations and restrictions:
1. This grant does not convey any right, title or interest whatsoever in the land or any oil, gas or minerals in, on upon, over, or under the land over which this SERVITUDE extends.
2. That each and every right herein granted is and shall be subordinate and subject to any and all pre-existing or future grants for the construction, maintenance, operation, replacement and/or repair of any roadway, utility or facility for the exploration and development of said land for said minerals and for farming and reaching operations on the surface of said land.
3. The reservations and restrictions contained in Paragraphs 1 and 2 above shall not be exercised so as to prevent the construction operation and maintenance of the SERVITUDE herein granted.
4. XXX shall at all times during the existence of this grant, and at its own cost and risk, cause the pipeline to be maintained in good order, condition and repair and in accordance with all present and future municipal, parish, state and federal laws, regulations and directives relating to the operation, construction, maintenance, repair and use of such pipeline and appliances.
5. That XXX shall forever save OWNER harmless from and indemnify OWNER against loss or damage of any kind, including costs and attorney’s fees, incident to or resulting in any way from injury to persons or damage to property or other legal consequences growing out of the maintenance, operation, use, patrol, inspection, alteration, repair and replacement of said pipeline and/or the removal thereof, whether the same be with or without XXX’s fault or negligence or that of any contractor or sub-contractor or their respective suppliers, contractors or sub-contractors, agents servants or employees or the manner or conditions under which said operations are conducted or performed or the breach of the terms, covenants, and agreements of this grant and/or all acts of commission or omission of those of its customers and licenses.
6. Nothwithstanding anything to the contrary contained in this grant, should the pipeline at any time during the term of this grant, interfere with, restrict or restrain the commercial or industrial development and use of the land on, over or upon which the same extends, upon written request of OWNER, XXX shall relocate and remove said pipeline at its sold cost, risk and expense to such other location on the before referenced land owned by OWNER as OWNER shall designate; no additional charge shall be made by OWNER for such substituted location; such relocation and removal to be made within six (6) months after receipt of such notice by XXX and the designation of the new location, or within such period of time as may be mutually agreeable to the parties.
7. Should XXX, its subsidiaries, affiliates, successors or assigns, cease to operate said pipeline for a continuous period of twelve (12) months, all the rights and SERVITIDES herein granted shall ipso factor terminate unless the cessation of use of the pipeline is caused by fire, strikes, or an act of God. It is understood and agreed by the parties hereto that operation of the pipelines consists of using them for the transportation of the main product identified in this agreement. Using the pipeline for performing routine maintenance or filling the pipelines with inert water or other substances for the purpose of maintaining the pipe shall not constitute operations. In the case of termination of the SERVITUDE under this Paragraph, XXX shall remove the pipeline and restore the above described premises to as near its former condition as is reasonably practicable within a twelve (12) month period following the date of termination.
8. XXX shall reimburse OWNER for any new or additional tax or other forced contributions of any kind whatsoever levied by any state, parish, or other governmental or municipal authority against the land due to XXX’s pipeline and appurtenances being located on land across which this grant extends.
9. Upon completion of construction of the pipeline laid hereunder, XXX agrees to restore the surface of the land to as near its original condition as is reasonably practicable within a three (3) month period following the date of termination.
10. No other pipelines may be placed in this SERVITUDE by XXX other than the single pipeline that this agreement has described.
11. The OWNER hereby executes this SERVITUDE without warranty of title and shall be held harmless in the event that any errors are made in a title search conducted by XXX or as directed by XXX of the described land.