Agreements, Bill of Once a mutually acceptable route is determined, the landowner must insist that the footage of the pipeline right-of-way and easement is specifically stated in the exhibit. Will it impact any livestock? 0000038079 00000 n
Prior to joining McGinnis Lochridge, Michael worked as a geophysicist for over three years for a major seismic reprocessing company. 2 Some photographs used are actors and do not represent actual events or real people. An easement on a property lets someone else use that property for other purposes, such as for utilities or for subdividing property. Lets say you determine you have good leverage. These damages include crop damage due to loss of productivity in future years, loss of access and the ability to develop the land through which the pipeline passes for nonagricultural purposes, loss in value of structures that the pipeline is located near, and damages due to fear of pipeline leaks or explosions. If you have been told that your property stands in the way of a pipeline, you probably have questions. ft. parcel) I then divided the total tax assessed value of the It could take weeks to put that information together, discuss with the pipeline company landman, and hear back from people within the industry and other landowners. According to Investopedia, property can be claimed for the public's use, such as for the construction of a new highway, or for economic development. Long story short, the landowner must determine the impact of the oil and gas pipeline right-of-way and easement route on their property. Therefore, landowners should restrict the existence, number and location of surface facilities as much as possible. Of course, Id be happy to set up a free, no-obligation consultation at your convenience. On appeal, the Court began by stating the Easement Agreement was a blanket easement because the legal description only described a burdened tract but not a route for the easement. Choose a needed format if a few options are available (e.g., PDF or Word). The appraiser must carefully study the easement agreement, understand all of its conditions, requirements, and restrictions, and analyze the easement in the context of the propertys highest and best use. The key word is leverage! If an easement is 50 rods long, that is almost an acre. The credibility of an appraisal opinion is affected by the quality and quantity of the market data relied on as well as the extent of the analysis performed by the appraiser. will not provide a credible or meaningful valuation answer. LLC, Internet Note: When choosing facebook or google, alerts will be sent to the email listed in that account. Assuming that you and the pipeline company come to an agreement on the exhibit and the price to be paid for the pipeline right-of-way and easement and any access roads, workspaces, and facility sites, make sure that the agreement protects you. (S or C-Corps), Articles 25. When the easement involves a public entity, such as a utility company, you could be taken to court if you try to deny the company from accessing the easement. 8. 0000037464 00000 n
There are only a handful of attorneys in NC who practice eminent domain exclusively, and even fewer with NCDOT experience.