Sandridge is drilling a disposal well 1 mile west of me and would like to run a disposal line across my property. Have not reached the offer stage yet, what should I expect, and what should I ask for, thanks
RH:
First, never sign the Easement Agreement the company presents you until it is examined by a good lawyer. Most likely they will draft an agreement in thier favor or benfit. Insist that the pipeline be buried at least 36 inches below the surface and never agree to one laid on the surface. In reaching a dollar amount, take into consideration that this pipline will effect the value of your property as nothing can be built over this pipeline. I have heard that in some cases, the landowner has recieved as much as $1000/rod. The monetary figures will have to be negotiated between you and the company and will require you to do some homework as what has been charged in your area. Also, in this agreement, be specific about any damages which could result from a leak as the impact on land is worse than that of an oil spill (surface kill areas to vegetation). Again, an attorney with past experience will be able to assist you in the wording. Hope this information helps.
Thanks Charles, are these easements usually permanent or can they be for a specified number of years
charles s mallory said:
RH:
First, never sign the Easement Agreement the company presents you until it is examined by a good lawyer. Most likely they will draft an agreement in thier favor or benfit. Insist that the pipeline be buried at least 36 inches below the surface and never agree to one laid on the surface. In reaching a dollar amount, take into consideration that this pipline will effect the value of your property as nothing can be built over this pipeline. I have heard that in some cases, the landowner has recieved as much as $1000/rod. The monetary figures will have to be negotiated between you and the company and will require you to do some homework as what has been charged in your area. Also, in this agreement, be specific about any damages which could result from a leak as the impact on land is worse than that of an oil spill (surface kill areas to vegetation). Again, an attorney with past experience will be able to assist you in the wording. Hope this information helps.
I would try very hard to lease the ROW to them. I would certainly enlist the help of a professional in a ROW negotiation.
RH:
These are generally permanent in nature and as time goes on, they could be sold to other companies. Again, seek professional help in writing the agreement and make sure to cover all your bases for future protection.
RH Horton said:
Thanks Charles, are these easements usually permanent or can they be for a specified number of years
charles s mallory said:RH:
First, never sign the Easement Agreement the company presents you until it is examined by a good lawyer. Most likely they will draft an agreement in thier favor or benfit. Insist that the pipeline be buried at least 36 inches below the surface and never agree to one laid on the surface. In reaching a dollar amount, take into consideration that this pipline will effect the value of your property as nothing can be built over this pipeline. I have heard that in some cases, the landowner has recieved as much as $1000/rod. The monetary figures will have to be negotiated between you and the company and will require you to do some homework as what has been charged in your area. Also, in this agreement, be specific about any damages which could result from a leak as the impact on land is worse than that of an oil spill (surface kill areas to vegetation). Again, an attorney with past experience will be able to assist you in the wording. Hope this information helps.
I agree with r w. This is known as a license agreement and is personal and non-transferrable unless you grant consent. You have more control and can stipulate the terms referenced above. Generally the agreements are for a set period of time and go month-to-month thereafter. You protect yourself with a 30-day notice for termination, given by either party. Now, I don't think it's realistic you are going to get $1,000 a rod for a disposal line - more likely a few dollars per rod, but it depends on the surrounding tracts, owners' willingness to accept the line and the need by the company. Yes, at a minimum, you need to stipulate that the line will be removed at termination and the property will be returned to its original condition.
charles s mallory said:
RH:
These are generally permanent in nature and as time goes on, they could be sold to other companies. Again, seek professional help in writing the agreement and make sure to cover all your bases for future protection.
RH Horton said:Thanks Charles, are these easements usually permanent or can they be for a specified number of years
charles s mallory said:RH:
First, never sign the Easement Agreement the company presents you until it is examined by a good lawyer. Most likely they will draft an agreement in thier favor or benfit. Insist that the pipeline be buried at least 36 inches below the surface and never agree to one laid on the surface. In reaching a dollar amount, take into consideration that this pipline will effect the value of your property as nothing can be built over this pipeline. I have heard that in some cases, the landowner has recieved as much as $1000/rod. The monetary figures will have to be negotiated between you and the company and will require you to do some homework as what has been charged in your area. Also, in this agreement, be specific about any damages which could result from a leak as the impact on land is worse than that of an oil spill (surface kill areas to vegetation). Again, an attorney with past experience will be able to assist you in the wording. Hope this information helps.
Do you really want to take the chance of contaminating your land and aquifer? And, if you have a water well near their proposed route, and their pipe did spring a leak, or worse, ruptured, and discovery wasn't till later, there's the chance that your drinking water would be contaminated. And, it's really hard to prove it was their fault unless you tested your water prior to line in the ground ... Been there!! But, if you should decide that you want to sign the Easement Agreement, then I suggest you include, along with other damage settlement provisions ... 1.) compensation for nuisance and inconveniece, and 2.) eliminate ALL unreasonable entries, i.e., a restriction of usage to other points in the line from your land. Been there!!
Good Luck,
Pat
Ms. Pat Malone
B Scott Manning, CPL said:.)
I agree with r w. This is known as a license agreement and is personal and non-transferrable unless you grant consent. You have more control and can stipulate the terms referenced above. Generally the agreements are for a set period of time and go month-to-month thereafter. You protect yourself with a 30-day notice for termination, given by either party. Now, I don't think it's realistic you are going to get $1,000 a rod for a disposal line - more likely a few dollars per rod, but it depends on the surrounding tracts, owners' willingness to accept the line and the need by the company. Yes, at a minimum, you need to stipulate that the line will be removed at termination and the property will be returned to its original condition.
charles s mallory said:RH:
These are generally permanent in nature and as time goes on, they could be sold to other companies. Again, seek professional help in writing the agreement and make sure to cover all your bases for future protection.
RH Horton said:Thanks Charles, are these easements usually permanent or can they be for a specified number of years
charles s mallory said:RH:
First, never sign the Easement Agreement the company presents you until it is examined by a good lawyer. Most likely they will draft an agreement in thier favor or benfit. Insist that the pipeline be buried at least 36 inches below the surface and never agree to one laid on the surface. In reaching a dollar amount, take into consideration that this pipline will effect the value of your property as nothing can be built over this pipeline. I have heard that in some cases, the landowner has recieved as much as $1000/rod. The monetary figures will have to be negotiated between you and the company and will require you to do some homework as what has been charged in your area. Also, in this agreement, be specific about any damages which could result from a leak as the impact on land is worse than that of an oil spill (surface kill areas to vegetation). Again, an attorney with past experience will be able to assist you in the wording. Hope this information helps.
Rh, I think professional help is needed because there are so many things that you and I might take for granted that may not happen if not stipulated, such as the topsoil being removed and set aside, to be replaced last after they backfill, so you wont have a barren strip of dead soil for years after. I'm also sure that the easement agreement they want you to sign will allow them to profit from letting other pipelines use their easement. I ask this; why should they profit from someone else running a pipeline across your land ? Because they were the first to get you to sign? From hearing others talk, I think you can have a wider temporary easement for installation and a long term one the width of the pipe. I think there are too many issues for the layman to keep track of. The pipeline will diminish the value of your land. You may need an appraisel. I also think for every reasonable request the prospective easement buyer balks at could become a negotiating point when it comes to price. I'd be calling for help.
RH:
All of these posts are very informative and primarily all recommend seeking legal guidence in preparing an agreement. I would like to repeat one part of my first post and heed this advice: bury the line AT LEAST 36 inches below the surface, preferably deeper. I have dealt with this many times in the past where a pipeline was buried 15 - 20 inches below the surface and over time, erosion occurs thus leaving the pipeline near the surface or exposed and then unknowingly, the area is discked or plowed and guess what, a leak sometimes occurs which goes unnoticed at times until massive saltwater damage has impacted a large area. In the past, I have worked numerous situations just like the one I explained, some involving oil also.
Thanks for everyones input, we will make sure these issues are addressed on our exhibit s mallory said:
RH:
All of these posts are very informative and primarily all recommend seeking legal guidence in preparing an agreement. I would like to repeat one part of my first post and heed this advice: bury the line AT LEAST 36 inches below the surface, preferably deeper. I have dealt with this many times in the past where a pipeline was buried 15 - 20 inches below the surface and over time, erosion occurs thus leaving the pipeline near the surface or exposed and then unknowingly, the area is discked or plowed and guess what, a leak sometimes occurs which goes unnoticed at times until massive saltwater damage has impacted a large area. In the past, I have worked numerous situations just like the one I explained, some involving oil also.
They have only offered 55.00 per rod ROW and 20.00 per rod damages to wheat crop. I'm really debating whether it is worth it.
RH Horton said:
Thanks for everyones input, we will make sure these issues are addressed on our exhibit s mallory said:
RH:
All of these posts are very informative and primarily all recommend seeking legal guidence in preparing an agreement. I would like to repeat one part of my first post and heed this advice: bury the line AT LEAST 36 inches below the surface, preferably deeper. I have dealt with this many times in the past where a pipeline was buried 15 - 20 inches below the surface and over time, erosion occurs thus leaving the pipeline near the surface or exposed and then unknowingly, the area is discked or plowed and guess what, a leak sometimes occurs which goes unnoticed at times until massive saltwater damage has impacted a large area. In the past, I have worked numerous situations just like the one I explained, some involving oil also.
RH:
Again, it all boils down to "your" decision as you will be the one to deal with any damages occurring from this line. I would still recommend that you get legal assistence in writing up an agreement in order to make sure all your bases are covered in the event of a leak. The money end of this is totally up to you.
RH Horton said:
They have only offered 55.00 per rod ROW and 20.00 per rod damages to wheat crop. I'm really debating whether it is worth it.
RH Horton said:Thanks for everyones input, we will make sure these issues are addressed on our exhibit s mallory said:
RH:
All of these posts are very informative and primarily all recommend seeking legal guidence in preparing an agreement. I would like to repeat one part of my first post and heed this advice: bury the line AT LEAST 36 inches below the surface, preferably deeper. I have dealt with this many times in the past where a pipeline was buried 15 - 20 inches below the surface and over time, erosion occurs thus leaving the pipeline near the surface or exposed and then unknowingly, the area is discked or plowed and guess what, a leak sometimes occurs which goes unnoticed at times until massive saltwater damage has impacted a large area. In the past, I have worked numerous situations just like the one I explained, some involving oil also.