We are being approached by a large gas company (Kinder-Morgan) to acquire a gas line easement on our property. I am not quite sure what the requirements are for a company like this to proceed with a eminent domain procedure.Are all of these companies capable of this in Oklahoma or just the larger ones. Thank You.
In Oklahoma can any gas company use eminent domain to acquire a gas line easement?
Dear Mr. Dean,
In the state of Oklahoma, the eminent domain process can only be stopped if the proposed taking does not meet the requirements for public purpose or public necessity. A common carrier pipeline can meet that requirement.
If you have determined that the proposed taking does meet these requirements, then you should learn more about the Oklahoma eminent domain process. Be aware that although Kinder Morgan may have condemnation rights, they cannot dictate the price they are willing to pay.
The negotiation prior to condemnation is always the better way to go. That way, your form of easement agreement can be negotiated. You are also able to negotiate more that the 'replacement' value of the property taken.
Compensation is determined, as one means, by the highest and best use laws for your property.
There is a whole lot to your question that just cannot be answered here.
Thank You for your response. Each day I am learning more and more about the different elements involved in negotiating.Knowledge is power. You are much appreciated. Derrick Dean