An excellent overview. I practice law at New York State, and although our governor has stopped almost all oil and gas drilling, pipeline companies have not stopped taking pipeline facilities or condemning them. The inclusion of a provision requiring the pipeline company to construct temporary crossings on open ditches and ditches is another way to ensure that the landowner still has access to all of his land during the first construction and installation of the pipeline. To avoid this, the landowner should include the correct legal description of the location of the facility in the facilitation agreement and the site drawings of the facility as exhibits in the facilitation agreement. These two things assure the landowner that the pipeline is operating where it is agreed. In the Upstate of New York, where these lines are created, we have high hills, low mountains and a series of rivers. Our current concern is that when pipes rust, corrose or disintegrate, the earth fades and the 24 to 30-inch facilities of pipes underground become ravines with huge erosion problems. We have not yet found a way to do so with relief. In our facilities, we also address the problem of underground hydrology, including the restoration of dry tiles and the issue of the ground now broken around the pipe, so that water accumulates in the filled ditch, which then acts as an underground stream that flows downhill until it swims to the surface at the foot of the hill and forms a wetland. We are also looking at the problem of soil compaction by construction vehicles which, if not compacted, prevent water from entering the soil and effectively prevent the return of soil to fertility. The landowner should note that maintaining the facilitation zone is the responsibility of the pipeline company. Often, the pipeline company allocates the facility to a related or independent company. This concerns the landowner because the landowner thought it was a business and it was now another business.
Owners always want to know who has the right to do what on their land. Therefore, a landowner should have a provision that the pipeline company must notify the landowner within 30 days of the transfer if the facilitation is assigned to another business. In addition, a landowner should include a provision requiring strict compliance with the terms of the facilitation agreement by the agent. Like oil and gas wells, pipelines need some surface equipment. Unless the easing contract is otherwise designed, the pipeline company can rely on facilitating whatever it deems necessary, without additional compensation for the landowner. Landowners should try to limit all surface installations. If the landowner cannot get this, try to agree on what will be on the surface and seek additional compensation for the surface installations. The more difficult the surface installations, the higher the payment that the landowner may require. Since the pipeline company installs its equipment on the land owner`s land, the pipeline company should assume the risk if legal action is pending in relation to the equipment. Suppose a customer passes over the landowner`s land and passes over a piece of the pipeline company`s mislabeled surface equipment. The fall injures the guest. In addition to the pipeline lawsuit, the client could also sue the landowner because the accident was caused by a dangerous condition on the owner`s property.
Including a compensation scheme, the landowner may be protected from liability for actions related to the pipeline and other facilities. Since the pipeline will remain on the owner`s land for decades or more, it is very important that the landowner takes the time to negotiate a strong easing agreement on the front. An owner of you