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Started By
Message
Pipeline right of way. Need legal guidance
Posted on 7/8/12 at 8:58 am
Posted on 7/8/12 at 8:58 am
We(multiple family owners) were recently offered a proposal from a landman that Denbury Resources wanted to construct a pipeline over a parcel of land in rural Calcasieu Parish south of Sulphur, LA. The proposal included a survey which showed an existing ethylene pipeline by a major oil company on the same area. None of my cousins nor I were aware of an agreement.
Thusfar I have not been able to locate a document confirming a ROW agreement with that company or even one in that section of land from the courthouse but I was able to locate some ROW agreements with the same ethylene (not too far away)line with other landowners. They were signed in 1984 and due to have been renewed in 1999. I did locate and visit the area and it appears that survey from Denbury resources indicates the pipeline is within the quarter section(our property) line there is correct. Last week I left messages with a contact number that the oil company gave me.
Are we entitled to tresspass damages if the pipeline was placed on the wrong property from possibly a survey error or construction mistake or other compensation?
It makes me recall what happened on Toledo Lake many years ago. A man that I know purchased land to build a camp. Six month later he discovered that all of the hardwood trees were cut down on his property. The tree cutters had gone to the wrong site and he sued for damages.
If the oil company fails to communicate with me in a reasonable time could a judge issue an order to block the line off at a metering station which 300 yards away? Dig up the line?
What options do the landowners have?
Could you recommend an attorney who specializes in oil and gas leases and tresspass law? Should we seek one? Need one now?
It would be greatly appreciated if anyone could point us in the right direction at this time.
Thusfar I have not been able to locate a document confirming a ROW agreement with that company or even one in that section of land from the courthouse but I was able to locate some ROW agreements with the same ethylene (not too far away)line with other landowners. They were signed in 1984 and due to have been renewed in 1999. I did locate and visit the area and it appears that survey from Denbury resources indicates the pipeline is within the quarter section(our property) line there is correct. Last week I left messages with a contact number that the oil company gave me.
Are we entitled to tresspass damages if the pipeline was placed on the wrong property from possibly a survey error or construction mistake or other compensation?
It makes me recall what happened on Toledo Lake many years ago. A man that I know purchased land to build a camp. Six month later he discovered that all of the hardwood trees were cut down on his property. The tree cutters had gone to the wrong site and he sued for damages.
If the oil company fails to communicate with me in a reasonable time could a judge issue an order to block the line off at a metering station which 300 yards away? Dig up the line?
What options do the landowners have?
Could you recommend an attorney who specializes in oil and gas leases and tresspass law? Should we seek one? Need one now?
It would be greatly appreciated if anyone could point us in the right direction at this time.
Posted on 7/8/12 at 11:39 am to CharleyLake
Get an appointment with a reputable attorney. It'll be worth the expense to get solid advice.
Posted on 7/9/12 at 10:43 am to CharleyLake
I would think a judge would give you whatever they paid for the the adjoining property (per rod of course). In order to collect damages, you need to prove how you were damaged (ie lost trees). Since you didn't even know that the line was there for almost 20 years, it will be hard to convince anyone that you were damaged. You might get some punitive damages if it turns out they were compete idiots about what they did. I would be shocked if the line was shut down or dug up.
Posted on 7/9/12 at 11:09 am to skidry
If the line was installed in 1984 it has a ROW agreement and the landowner did consent. Laws were in place at that time to ensure this. What you need to find out is who was the landowner or their agent (lawyer) at that time. As land gets handed down or sold this information sometimes gets missplaced. Soemtimes someone may pass away and the "agent" ( could also be a family member) will keep acting as the "agent". If a company has been given permission to deal with and agent they will deal with them until otherwise instructed. The oil companies are not aware, and don't need to be, of people passing away or sales. The agreement was with the landowner at that time, no one else.
Posted on 7/9/12 at 5:33 pm to OTIS2
I did get a call from the oil company today. I faxed them a survey plat that they requested so they could research the issue. Thanks.
Posted on 7/9/12 at 5:37 pm to cattleman
The landowner next to us is Citgo Corp. I searched the conveyance records in the courthouse today but I was not able to locate a ROW agreement. I suspected that the oil company might have made an agreement with them. I did send the oil company a survey showing thier easement on our property. I was told that they would research the matter. Thanks
Posted on 7/9/12 at 5:42 pm to OTIS2
I have an acquaintance who is a landman. I will ask him to recommend someone. Thanks.
Posted on 7/9/12 at 6:14 pm to OTIS2
quote:
Get an appointment with a reputable attorney. It'll be worth the expense to get solid advice.
Times infinity.
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