of Attorney, Personal Tenant, More Real Each case is unique and requires a professional appraiser to research and study substantial market data in order to develop an opinion that is credible and meaningful. I also rely heavily on GIS and topography mapping as well as contacts within the industry to help me connect the dots from the publicly available information. ARE THERE DIFFERENT TYPES OF REPORTS AVAILABLE TO THE CLIENT? The damages basically fall into three categories: 1. The easement strip does not physically divide the property. No. Then your negotiations are off and running. While pipeline cases are not as common in North Carolina compared to roadway and transportation condemnation, we have handled quite a few properties that have been condemned due to pipelines. As it stands, landowners receive a one-time payment roughly based on the length of the 6. Theyre never cookie-cutter negotiations and each pipeline case must be specifically tailored to the property and landowner. The question is how do you determine what price for the pipeline right-of-way and easement, temporary access road, and workspaces? << /Length 5 0 R /Filter /FlateDecode >> If youve been approached about a pipeline right-of-way, give me a call at (304) 845-9750 or live chat with us 24/7 at GKT.com. The easement itself will likely cover only a small percentage of your overall property. Typically, the pipeline company will agree to pay a set dollar amount per linear foot of pipeline that will be laid on the property. Austin strives to find practical business solutions to complex issues, but if necessary, he works hard to implement effective strategies in the courthouse. Business Packages, Construction Prior to joining McGinnis Lochridge, Michael worked as a geophysicist for over three years for a major seismic reprocessing company. If you ask the pipeline company, they may say they pay the going rate of $1/inch diameter of the pipeline/foot or some other going rate. Dont fall into that negotiating pipeline trap! My Account, Forms in But in addition to compensation, there are two other big concerns in pipeline easements and takings. 0000037464 00000 n Pay via PayPal or by debit/visa or mastercard. This easement lasts until the pipeline is abandoned. 0000022875 00000 n JD Supra: Be Wary of Utility Company Easement Forms, How to grow your own herb garden in any indoor or outdoor space. Estates, Forms of Incorporation, Shareholders Estates, Forms This information is not intended to create, and receipt or reading this article does not constitute, an attorney-client relationship. DOES THE TYPE OF REPORT AFFECT THE OPINION OF VALUE? 0000000016 00000 n Some easements allow the public or private entities to cross the land to obtain access to other properties. Templates, Name The easement is for a specific use, pertains to a specific area of the property, and only conveys limited rights to the grantee. %PDF-1.4 % What Are My Rights as Property Owner Under Eminent Domain? Landowners should specify the diameter of the pipeline to be used so that the company cannot replace the pipeline with a larger one at a later date. DISCLAIMER: The information in this article is for general information purposes only. There may be some rights that the landowner will want to expressly reserve such as the right to build parking lots, driveways, landscaping, etc. Landowners should require the identification of any independent (S or C-Corps), Articles Agreements, Corporate New pipelines are being built and new infrastructure added throughout North Carolina and the rest of the country. Agreements, Letter It will state the linear footage or as the crow flies.. Easements affect the value of the land. Identification of Contractors. Your demand should be $X/foot/pipeline for the pipeline right-of-way and easement, $Y/foot for the temporary access road, and $Z/acre for the workspaces. Agreements, Bill The landowner should make the easement agreement pertain to only a single pipeline. 20. Also pay special attention to any option language in the agreement. 2) We research your property as needed, using DOT maps, our own technology, and experience to see the exact effects. An easement along the edge of the property impacts the value less than an easement that cuts through the middle of a piece of land, limiting the lands potential uses. WebThe main purposes of building valuation are as follows. In addition, the Court noted that the deeds granting clause permitted grantee to construct multiple pipelines. If you have any questions or need additional information, contact our office. In that case, you as the property owner should be able to negotiate terms of the new easement. Handbook, DUI Ive seen easements go from next to nothing (just the cost of drafting and recording) up to tens of thousands of dollars and more. It does not address the particular issues that a landowner negotiating an easement with a pipeline company might face and it is not a substitute for legal advice and guidance that address your specific situation. This language in these agreements can be vague and vague language often benefits big companies with lots of full-time lawyers. If the utility company requires vehicular access to the easement, you may be able to negotiate access to trucks, backhoes and the like at certain spots only in order to limit the impact on your landscaping and property in general. 0000013149 00000 n As a general rule, an easement in gross is a personal right that cannot easements, may be created three ways: (1) by reserva-tion, (2) by grant or (3) by way of necessity. Yes, the communication of the appraisers analysis and opinions can be presented orally, in a short/brief letter format, or a detailed report that includes all of the explanations, descriptions, and market data in the report. What Are NC Chapter 136 and Chapter 40A Takings? The basis for the suit stems from a right-of-way and easement granted in 1960 on a 137-acre tract for the purpose of construct[ing], maintain[ing] and operat[ing] pipelines. Soon after the initial conveyance, grantee constructed Line W which runs parallel to the southern border of the tract. Conservation easements allow landowners to continue using their land as they always have, for farming, ranching, recreation and as a home, but prevent the land from being subdivided or developed. Birmingham Appraisal Blog: What is an easement and how does it affect my property value. Agreements, LLC A second situation would be if another utility company wanted to construct an easement on the first easement, such as a gas line installation in the same area. First, he or she should restrict the companys ability to assign easements to third parties across the easement area. Otherwise, the utility company may have the right to remove any improvements within the easement area. We have several. Landowners should negotiate two easements. Thats why its worth getting in touch with us for a free case evaluation. Thats why we encourage you to get help from an experienced attorney who has the resources, contacts, and knowledge to determine what compensation is fair. for Deed, Promissory She has a degree in economics from Sam Houston State University. All South Land and Homes describes other situations in which you can negotiate how much compensation an electric company would pay for an easement. Waiting can hurt your case, and the cost is the same: free. 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. Will, Advanced Guide, Incorporation Seminar Development: Understanding Easements - What is Being Acquired? 0000010805 00000 n Pipeline condemnation is complicated. An easement allows another entity to use part of your land for a specific purpose, while you also continue to use and own the property. xY$qSciv]}AQi3DJZv80Zjw(J_S Amendments, Corporate This could also include specific payments for loss of tress, crops, etc. Unlike a sale of land, an easement contemplates a continuing and long-term relationship between the landowner and an easement holder, such as a Pipeline Company. Should I Hire a Private Appraiser for My Property. As a general rule, the size and specific type of easement that has been used will directly influence how it affects the overall value of your land. 0000006428 00000 n What it comes down to is wants versus needs. If the pipeline company wants to use your property for a pipeline but has alternative routes without use of your property, you may not have much leverage. Exceptions to this may occur when negotiating a new easement, in situations of eminent domain or condemnation or when another utility company requests an easement on an existing easement. With my clients, I perform a great deal of research to make an educated determination as to whether my clients property is a want versus a need. These questions and many more must be thoroughly considered and answered. Every property is unique and every property owner is unique. 02-19-00042-CV, 2020 Tex. In some cases, the construction of a pipeline can cause substantial diminution in property value. The size and type of easement, as well as the market for land, determines how much effect the easement has.