************************************************************************************* FROM AN ATTORNEY: Should any Landman issue a threat of eminent domain, they suggest you ask him/her the following: - Name, address, telephone and email, and identity of employer - Copy of Federal or state governmental order, certificate or permit under which he/she claims authority for eminent domain taking.
################################################################# PLEASE BE WARNED THAT WHAT YOU ARE READING HERE IS NORMAL! If you allow an EASEMENT OR A LEASE or buy a property without owning the mineral rights - the following CAN and HAS HAPPENED IN OHIO:
-landowners come home to find their fences knocked down and animals loose -come home to find your barn or shed knocked down -companies can put security guards on your property to keep YOU at bay!? -people have been arrested/tazered on their own property for 'trespassing' AND What people don't understand is you really are signing away YOUR RIGHTS to your property when you sign a lease or an easement agreement. Mineral rights surpass surface rights in our law, which means that anything they need to do can be done --no matter what it does to the surface as long as the goal is what is underground AND -- .the above cases have not and normally will not win in court.
A good rule of thumb is: Sign a lease or easement agreement IF they are handing you a check right then in the amount to cover your home/property -- nothing less! Is $12k worth living miserably or having to abandon your home due to unreasonable conditions, stress of court, attorney fees and all of this to lose in court? (NOTE: This is not to be considered legal advice - for legal advice, contact an attorney who deals with lease and easement agreements with respect to pipelines.)
******************************************************************************************* For diagram and more pipeline info click on below link from POGCO: PLANTS, PIPELINES & OTHER INFRASTRUCTURE ******************************************************************************************* WE NEED VOLUNTEERS to help get out the word about the NEXUS natural gas pipeline that is proposed to run through Medina County!! All of us are going to be affected by this pipeline whether we live in the specified townships or other counties - so we must work together! PLEASE, IF ANYONE HAS BEEN CONTACTED BY A LANDMAN TO SIGN AND EASEMENT AGREEMENT - LET US KNOW BY GOING TO THE CONTACT LINK! We are trying to keep updated as to how fast the proposed pipeline is going forward! Thank you from all of us and from future generations!
Proposed NEXUS NATURAL GAS PIPELINE running 22 miles through WADSWORTH, MONTVILLE, GUILFORD, LAFAYETTE, LITCHFIELD and YORK TOWNSHIPS in Medina County on its way to Canada for exporting overseas, which will do nothing to make the U.S. energy independent. It is important to ALWAYS REMEMBER YOU ARE NOT LEGALLY OBLIGATED TO ALLOW A SURVEY TO BE DONE ON YOUR PROPERTY, and any easement agreement that you sign will have no end date - it will last until eternity!
Monetary compensation received for your pipeline easement will be very marginal. An easement on your property may affect the value of your real estate and property insurance.
********************************************************* PIPELINE: INITIAL PROCESS AND NEGOTIATORS WORK
PLEASE NOTE: The below information is not written by an attorney and should not be considered legal advice. If you have any questions or concerns about the Survey Letter,Negotiators, Introductory Phone Call, Meetings, or any of the below information, etc., contact an attorney. (If you do contact an attorney, you might want to first ask them if they represent any oil and/or gas companies to prevent any conflict of interest.)
1. SURVEY LETTER or PHONE CALL: It may begin with a letter or a phone call alerting you to a survey in your area. You don't have to sign it or agreeto have a survey done. It may ask for your concerns such as boundary lines, septic areas, wetland areas, etc. Feel free to contact an attorney about this survey! (You may get a phone call before the letter!) Remember, you are under no obligation to allow the pipeline company to do a survey of your property. (The caller may act as if they are your friend or neighbor or that they are just like you - BUT IT IS IMPORTANT THAT YOU REMEMBER - the caller works for the Company - not you! They are working for the Company's benefit - NOT YOURS! They have received special training on just what to say to you .....
2. NEGOTIATORS: Pipeline negotiations (landmen) - They will probably call back to arrange a meeting - there is no rush - just make sure the time is convenient for you.
3. INTRODUCTORY PHONE CALL FOR SIGNING AN EASEMENT: It may be days, weeks or even months later after the initial survey - most likely they will contact you by phone. REMEMBER -The Negotiator is working for the Pipeline Company! They may call back in a week or two to schedule a personal and/or site visit. Get everything in writing or tape record meetings.
FIRST MEETING - FIRST AND FOREMOST: REMEMBER: The best thing you can do if you have questions or concerns is to seek legal advice. Get everything in writing.
BE AWARE of how they introduce themselves to you. You may want to ask them if they work on a commission basis or if they are paid hourly. You may want to ask for their credentials. If they say your neighbors have all signed, this may not be the case. Don't let them threaten or intimidate you. Keep communications cordial, but if you wish, you may ask them to leave. At this time, you may or may not be presented with a business card or a cover letter. CONTACT AN ATTORNEY IF YOU HAVE QUESTIONS ABOUT THE COVER LETTER BECAUSE THE COVER LETTER MIGHT NOT HAVE ANY BEARING ON THE EASEMENT DOCUMENT. Again, this is not written by an attorney and is not legal advice. If you have any concerns, show the letter or business card to an attorney.
OTHER THINGS TO BE AWARE OF: 1. If you find it uncomfortable talking to the person on the phone, you may request that all correspondence be in writing. You may provide email addresses or fax numbers or ask that the writings be sent by U.S. Mail 2. Be aware of how the Agents introduce themselves as they may say that they are not agents of the pipeline company, but check the business card that they hand you to see who it indicates the Agent represents.
3. Be aware whether the Negotiator is or is not an employee of the pipeline company, or whether they are only a representative. They may blame each other for mistakes. The negotiator may say it's not their fault and the pipeline company may say it's not their fault and that none of them are responsible if you sign a deceptive easement.
4. You are permitted to add clauses and cross out clauses, etc. Be sure you initial where you do so. You do not have to sign the easement "as is". Again, it is highly recommended that you consult a qualified attorney before you sign this Easement document. This is not legal advice, if you have any concerns, consult an attorney who has experience with easement documents.
5. Each property owner should contact an attorney to find out how to respond to their offers or counter-offers, etc.
6. Remember, a Gas Lease is different than a Pipeline Easement. However, the same methods of persuasion used to persuade landowners to sign a gas lease may be used to persuade landowners to sign a Pipeline Easement. This is not written by a lawyer and is not legal advice. If you have any concerns, consult an attorney who has experience with easement documents.
7. Your easement could be “perpetual” which would mean it would travel with your deed until eternity.
8. Inquire into the “Blast Zone” and what it is and what it could mean for structures or buildings and/or livestock on your property
9. Inquire as to the size of this Major Pipeline. Be aware that Compressor Stations and Pumping Stations will be placed on this pipeline and find out how this could affect your property and its value.
10. Inquire as to the horizontal footage width of the swathe, could be 50 feet, which means that anything and everything in this swathe and on the total length of the easement will be removed: trees, buildings, structures, landscape
11. Inquire into the Mortgage and Insurance ramifications for your property if you agree to this Pipeline Easement
12. Factor in that you’ll be paying taxes on this property and you will not be able to build any structures or have any meaningful use of this property on this easement.
13. There are many clauses and considerations that should be put in the Easement document to protect you, the landowner. Again, consult a qualified attorney to protect your interests. This is not written by a lawyer and is not legal advice, if you have any concerns, consult an attorney who has experience with easement documents.
14. Other questions to think about - Trees that are going to be cut down, are you going to be compensated for their value? Are you going to be compensated for any other damage that may be done to your property?
15. The type of product traveling through the pipeline should be designated in the verbiage. They may be planning to run petroleum and other products through the pipeline in the future - or add more pipelines on your property.
16. Hold harmless clauses should be included in the easement document to protect you, the landowner. This is not written by a lawyer and is not legal advice. If you have any concerns, consult an attorney who has experience with easement documents.
17. Check with an attorney to see if the first pipeline easement document they present to you is for your benefit. This is not written by a lawyer and is not legal advice. If you have any questions or concerns, you should contact an attorney who has experience with easement documents.
18. Get all conversations in writing or tape record the conversations with the negotiators. Remember, only the final easement agreement wording, which you will sign, will be binding. This is not written by a lawyer and is not legal advice. If you have any questions or concerns, you should contact an attorney who has experience with easement documents.
19. If the negotiator tells you that you will get more money if you sign the easement versus eminent domain, consult an attorney before you sign the easement document This is not written by an attorney and is not legal advice. If you have any questions and/or concerns, you should contact an attorney who has experience with easement documents.
20. Do your homework! Consult with an attorney before you sign.
21. And remember: Nothing they say verbally matters! And nothing they say in writing matters unless it is clearly written in the easement document! This is not written by an attorney and is not legal advice. If you have any questions and/or concerns, you should contactan attorney who has experience with easement documents.
PLEASE NOTE: All of the above written information was not written by a lawyer and should not be construed as legal advice. Contact an attorney for legal advice.