They buy a permanent easement for surface use. It's still your property, but the contract will spell out what you can and cannot do. The agent writing the contract will usually have a little wiggle room to provide incentives to sign such as new gates, a road, etc..

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Posted by F Head

On a boat

Member since Dec 2008

1896 posts

Posted on 12/5/12 at 9:17 am to tenfoe

quote:
They buy a permanent easement for surface use. It's still your property, but the contract will spell out what you can and cannot do. The agent writing the contract will usually have a little wiggle room to provide incentives to sign such as new gates, a road, etc..

This. But in Louisiana, it's called a servitude instead of an easement.

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Posted by dawg23

Baton Rouge, La

Member since Jul 2011

5065 posts

Posted on 12/6/12 at 10:23 am to tenfoe

quote:
They buy a permanent easement for surface use. It's still your property, but the contract will spell out what you can and cannot do. The agent writing the contract will usually have a little wiggle room to provide incentives to sign such as new gates, a road, etc..

This -- although, as was mentioned, it's technically labeled as a "servitude."

It's very unlikely that the payment will be anything other than a one time check, with the amount based on fair market value (or devaluation) of the property.

Payment is usually on a "per rod" basis (one rod = 16.5 feet). If the route across your property is 1650 feet, you'll get paid for 100 rods @ some rate (maybe $ 300-400 per rod).

They pay extra for temporary work space, surface sites, access roads, crop loss/damage, etc. Read the contract form carefully, and make the changes you (or your attorney) think are needed before signing.

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