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re: Gas pipeline question

Posted on 12/6/12 at 10:23 am to
Posted by dawg23
Baton Rouge, La
Member since Jul 2011
5065 posts
Posted on 12/6/12 at 10:23 am to
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.
Posted by Crawdaddy
Slidell. The jewel of Louisiana
Member since Sep 2006
18410 posts
Posted on 12/6/12 at 10:58 am to
A few FAQ from their website
LINK

What is a right-of-way? A right-of-way is the actual strip of land granted to Company as result of the easement agreement allowing Company to cross your property to install, inspect, operate, and maintain the pipeline and equipment. The Company’s right-of-way extends along, across, below and above the easement.
What is involved with a pipeline survey, and does my giving permission to survey mean I am giving permission to build the pipeline on my property?Survey crews will be identifying property boundaries, distances to surface features, other underground utilities, "fine tuning" the route, and construction workspace requirements. Additionally, environmental and cultural survey crews will be reviewing the route for any environmental or culturally sensitive resources. These crews will be digging holes during their survey efforts as required by the various regulatory agencies to help identify sensitive environmental resources. All holes will be backfilled immediately upon completion of the survey. Granting of survey permission does not mean permission to build the pipeline on your property is also granted. These are separate negotiations with Parkway ROW staff.
What is an easement? An easement provides PWP with a limited use of property for defined, specific purposes. The acquisition of an easement does not transfer ownership of the land to PWP; it does, however, give us the right of access for construction and maintenance and the safe operations of the pipeline.
How wide will the easement be? The permanent easement for this project will be 40 feet in width, with an additional 35 feet of temporary construction workspace required to safely build the pipeline. At the end of construction, the land will be restored, as closely as possible, to pre-construction conditions.

What happens if the company and a landowner cannot reach an easement agreement?Parkway will provide fair market value for the facility property, easement and/or crop damage(s). In a very high percentage of cases, we find a way to reach an agreement that works for both the landowner and the company.
However, if an agreement cannot be reached, and the project is approved, the pipeline may acquire an easement through the use of eminent domain, which is the right of a government to take private land for public use. In this case, a court would determine the landowner's compensation, based on state/federal laws. The project will invoke eminent domain only as a last resort. While this does happen, in the vast majority of cases pipeline companies reach agreement with landowners, install the pipeline, and the landowner continues to use the property as he or she had before, with few restrictions.
Who pays property taxes on the right of way?Landowners will continue to pay taxes on the land itself. However, the project will pay applicable state and local taxes attributable to the physical assets of the project.
Will Parkway pay for a new right of way?
Yes. Parkway will compensate landowners for the new right of way as agreed upon during easement negotiations with the ROW staff. Parkway will also compensate landowners for all areas of direct construction impact and for crop damages if they occur as a result of the construction activities.
Will Parkway put the new pipeline in existing easements?Parkway will negotiate an easement with the landowners specifically for Parkway. Existing easement restrictions will not allow Parkway to “re-use” any existing pipeline easements. Also, because both the Parkway pipeline and any existing pipelines need space for routine and/or immediate operational requirements without causing damage to the existing system, it is important that adequate separation distance between the pipelines be maintained.

This post was edited on 12/6/12 at 11:00 am
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