Make first settlement offer or not?

One con is that if you make the first offer, you are setting the max as a plaintiff when the other side may have thought their liability was much higher.

Typically the plaintiff makes the first demand.

I was told after the meeting that the plaintiff typically makes the first demand. I did not wish to set the standard unreasonably low and I did not make the suggestion of a settlement therefore at the time I thought the defendant should make an initial offer.

Negotiation 101:

1. He who talks first loses. Never be the first to throw out a number

If they don't make the first offer, then the first time they will see your offer is in your court filing, and it will be large.

For a pipeline servitude, seems like full value for the land used, plus loss in value to the remainder would be fair. If you don't want to get an appraiser, just ask full value for the entire tract. Ultimately you have to consider what you could get at trial, and the cost it would take to get there.

guessing you mean without a ROW agreement? They just built in the wrong place? Or thought they had the correct landowner's permission and didn't?

I see the extortionate value, the cost to force them to move it, but ultimately the land is only worth what it is worth. How did the "bad faith trespass" harm you? If it's outdoor property used for hunting, they created a nice shooting lane for you. Then again, I do insurance defense work, so I'm more conservative than your creative plaintiff lawyer types. Let them get an appraiser and he can give you a value. If you do not like it, hire your own appraiser. The legal profession needs the work.

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Negotiation 101:

1. He who talks first loses. Never be the first to throw out a number

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You obviously negotiate very little.

I agree with Mung. Looks like a battle of appraisers. Make sure your side knows the prior court rulings in your area.

Gotcha, when lots of Oil & Gas or pipeline work is going on, sometimes they hire some sketchy abstracters. More than the established guys can handle sometimes.

My dad has some similar property near the Gonzales exit, behind the outlet mall. It is pretty worthless, other than for timber and the Lamar Billboard on it. I scouted it for hunting and gave up after walking in about 50 yds. You might look into an realtor/appraiser, as those guys can come up with super high valuations based upon the commercial value. Who knows, that may be the site of the next Super-Walmarks?

No insult intended, but if you didn't notice it for 5-6 years, it doesn't sound like it greatly damaged you. As the plaintiff, you are suing them for recompense for your loss. It is thus appropriate for you to make an offer, regardless of what some of these super-negotiators may say.