Fracking on your property includes pipelines - Best all in the Karoo read this & share. LAND OWNERS GUIDE TO PIPELINE SAFETY https://puc.sd.gov/commission/pipelinesafety/landownersguide.pdf Extracts: Very small leaks are a normal part of most gas pipeline systems. Page 13 page 17. CAUSES OF SIGNIFICANT INCIDENTS NATIONALLY FROM 2001-2010 Material, welding and equipment failure are the leading cause of incidents for transmission lines, whereas excavation damage is the leading cause for gas distribution lines. Source - PHMSA Significant Incident Files July 1, 2011 Page 20 Rules vary among operators and from easement to easement, so make sure you understand what activities are allowed on the pipeline easement on your property. Typically, pipeline operators restrict construction of buildings, landscaping within easements to grasses and small shrubs, and may prohibit other types of construction as well (fences, patios, pools, septic systems, new roads or drive driveways) that could damage the pipeline or.. page 22 If a new pipeline is planned for your area, and the operator wants to cross your property, you will want to learn about lots of issues you’ve likely never thought about before: ….. page 25. Does the Operator Have to Negotiate With the Landowner Before Beginning an Eminent Domain Proceeding? In most cases, an operator must at least submit an offer to the landowner before beginning a condemnation proceeding. The state law requirements vary about providing appraisals, undertaking good faith negotiations and other requirements before an eminent domain action is filed. Many landowners have reported right-ofway agents using the threat of eminent domain to try to force people to sign agreements more quickly. While the abilities and style of right-of-way agents varies greatly it should be recognized that the right-of-way agent is representing the interest of the pipeline company, not the landowner. Landowners should insist on being given enough time to have an attorney review any proposed agreement, and then work with that attorney to decide what is in the best interest of the landowner. page 27 Recent anecdotal evidence provided to the Pipeline Safety Trust suggests that insurance underwriters are, in fact, reacting to the presence of transmission lines, particularly gas transmission lines, near residential properties and raising rates, or in some instances, suggesting that insurance might not be available for a new buyer of a property where a transmission line was recently constructed. This is a relatively new phenomenon, and while it may be true that some underwriters do not consider the presence of a transmission line to be a rate factor, at least some do. You may want to consider this as one of the things you discuss with a pipeline company seeking an easement over your property, or discuss with your insurer if you are buying a property. Property Values Similarly, there are a number of pairedsale studies that suggest that there may be limited long-term loss of property value due to the presence of a transmission line. It is difficult to determine the extent to which those published studies reflect transactions involving knowing buyers who were fully aware of the presence of the pipeline. One reason that there is limited available information about changes in property values agreed to by the industry is that, in the settlement of eminent domain cases, operators typically require a confidentiality agreement from the affected landowner, promising not to disclose the amount of the payment received by the landowner for the loss in value of the property. page 25. Does the Operator Have to Negotiate With the Landowner Before Beginning an Eminent Domain Proceeding? In most cases, an operator must at least submit an offer to the landowner before beginning a condemnation proceeding. The state law requirements vary about providing appraisals, undertaking good faith negotiations and other requirements before an eminent domain action is filed. Many landowners have reported right-ofway agents using the threat of eminent domain to try to force people to sign agreements more quickly. While the abilities and style of right-of-way agents varies greatly it should be recognized that the right-of-way agent is representing the interest of the pipeline company, not the landowner. Landowners should insist on being given enough time to have an attorney review any proposed agreement, and then work with that attorney to decide what is in the best interest of the landowner.
Posted on: Thu, 13 Mar 2014 19:13:07 +0000
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