An easement is the right to use the real property of another, but not possess the property.
Typically in the natural gas pipeline arena, the landowner grants the pipeline company an Easement, or Right-of-Way, to use a portion of a landowner’s property to install one or more pipelines and related facilities. The land burdened by the easement is the “servient estate” and the person or company holding the easement possesses the “dominant estate”. The landowner should always seek to minimize the authority they provide the pipeline company under the terms of any Pipeline Agreement. Read More.
Temporary Easement Area – is the area immediately adjacent to the Permanent Easement where the pipeline company is authorized to operate during times of pipeline installation, maintenance, reclamation and pipeline removal. Read More.
Temporary Work Space Agreements are often presented by pipeline companies to allow the company to temporary operate on the landowner’s property adjacent to the pipeline easement area. Temporary Work Space Agreements are usually requested when the pipeline company temporarily needs additional room, or work space, to operate outside of their authority under any existing Pipeline Agreement. Read More.
Gathering pipelines are typically smaller diameter pipelines used to transport natural gas from the well site to the main processing facility generally located at the interstate pipeline. Gathering pipelines are not regulated by FERC and thus rarely involve the concern of eminent domain and condemnation. Read More.
Transmission pipelines are typically large diameter pipelines used to transport natural gas from state to state. Interstate Transmission Pipelines are regulated by FERC and often pose the potential of eminent domain and condemnation if the landowner is unable to reach an acceptable Pipeline Right-of-Way Agreement with the company. Read More.
Eminent Domain is the power of the state or government to take private property for public use with payment of compensation to the landowner. The power of Eminent Domain can be delegated to private corporations and entities (such as Pipeline Companies) in limited circumstances when property is devoted to public use. Read More.
The terms Condemnation and Eminent Domain go hand in hand, but are not synonymous. Eminent Domain is the power of the state or government to take private property for public use with payment of just compensation to the landowner (which can be delegated to private companies in certain circumstances). Condemnation is the legal act of condemning or proceeding to acquire the title or right to take the subject property by way of Eminent Domain. Condemnation is the actual legal process of implementing Eminent Domain rights whereby the government or private corporation (with government approval) takes private property for public use without the permission of the landowner. Read More.