I have land in Ritchie/Tyler Counties (it's in both). I was approached last year regarding a right-of-way across my property for a pipeline. I was serving overseas and did not have the ability to fully follow up with the offer but I shared my concerns and my requirements in order to allow this. I heard nothing back from the landman. Well, a couple of weeks ago I was near the property and it appears that they have cut through anyway without approval. I will be going back there in about 10 days to verify. (I am in Virginia about 5-6 hours drive away).
I have contacted the landman. He said he would check on it. I've heard nothing since.
If they have cut through my property without authorization, what recourse do I have? Does anyone have a lawyer that they trust to do the right thing and who can assist with this matter if needed?
Thank you!
Did you buy your property subject to an existing oil and gas lease and/or existing right-of-way or easement?
The property was passed down (family). There is an existing gas/oil lease but that was done years ago with a different company. No right-of-way, as far as I know. I know there was an easement done to get onto the property years ago (late 80s). But nothing other than that.
Dear Mr. Koellisch,
IF they have cut through your property without the right to do so, your recourse would be to tell them to get the line off your property, remove all fixtures and pay for damage to the soil. The IF is a big IF. Mistakes are made -- all the time and your situation may be exactly that.
There are statutory laws which allow property to be condemned for common carrier lines and for other reasons per state law.
There is a wealth of jurisprudence on the right of the company to remove the minerals. Now that only applies to the lands where the well is located, or on lands pooled therewith.
It is perhaps revealing that you were out of the country serving your country. There are some rules in some states that servicemen stationed outside the US have exceptional rights as to their property. As to WV, I do not know.
If you have heard nothing back from the landman prior to your inspection of your property, look for pipeline markers where the line enters and leaves the property. There will be a number to call. Also, if you go during the week, go to the equivalent of the District Court, to see if your property was condemned. The assistant clerk (I always pick the oldest or the prettiest, that is a personal preference) should be able to help you. They generally are really just not that busy, unless your county has a major population center.
Take lots of pictures.
At that point, you will have sufficient information to present to an attorney. Contact me by befriending me and I will give you the name of one of my attorney clients, who purchased my right of way form. His comment was "that is a mighty fine work product." Other than that, I can say nothing good nor bad about him. He is a plaintiff lawyer, which is what you want.
Thanks Buddy for the comments. While I understand mistakes can be made, where I find that this may be intentional is the fact that we were contacted by a landman who then sent us an image of where they proposed the easement to be. After advising him of my status (overseas) and my conditions to allow this - we heard nothing. Nearly a year later I made the trip to the property and it appears that there is an easement, that based on GPS waypoints, is heading DIRECTLY where the proposed line was. After contacting him and he advising me he would check into it, I've heard nothing even after I've contacted him again for an update... sounds fishy. The problem is that I don't live near the property and soon I will be even further away. I have no one in the area to check up on things for me. Makes it difficult. I can see a big company doing what it appears they have done figuring they would deal with it later if I (or anyone) ever found out.
I think they do sometimes think it's easier to open their checkbook and ask for forgiveness than to wait for permission. I think most people would demand less than the company would pay anyway.
Robert Koellisch said:
Thanks Buddy for the comments. While I understand mistakes can be made, where I find that this may be intentional is the fact that we were contacted by a landman who then sent us an image of where they proposed the easement to be. After advising him of my status (overseas) and my conditions to allow this - we heard nothing. Nearly a year later I made the trip to the property and it appears that there is an easement, that based on GPS waypoints, is heading DIRECTLY where the proposed line was. After contacting him and he advising me he would check into it, I've heard nothing even after I've contacted him again for an update... sounds fishy. The problem is that I don't live near the property and soon I will be even further away. I have no one in the area to check up on things for me. Makes it difficult. I can see a big company doing what it appears they have done figuring they would deal with it later if I (or anyone) ever found out.
Look carefully at your existing oil and gas lease and whether this pipeline is supporting the wells on your property or some other purpose.
The easement is well away from the current wells so I doubt they would be supported by this cut through. I'll be visiting the site again next weekend to confirm. After that I will look into legal action if necessary.