Pipeline Right-of-Way “Option” Agreement Negotiations

Most Pipeline Right-of-Way Agreements presented to Pennsylvania landowners are actually Pipeline “Option” Agreements. Pipeline “Option” Agreements are drafted by pipeline company lawyers to provide the pipeline company the “option” to install a single or multiple pipelines in the future. Typically the pipeline company will offer a landowner a small non-refundable upfront “option” payment with the potential for a much larger payment in the future, should the company exercise its “option” to install one or more pipelines. Read More.

FERC Interstate Pipeline Negotiations

Major Interstate Natural Gas Pipelines Under Federal Energy Regulatory Commission (“FERC”) Authority
Interstate natural gas pipelines involve large diameter transmission pipelines that travel from state to state and typically fall under the authority of the Federal Energy Regulatory Commission (“FERC”). FERC is tasked with regulating interstate pipeline projects within the United States. As energy companies are developing the gas rich Marcellus and Utica Shale regions of Pennsylvania, national pipeline companies are applying to FERC for authority to install interstate pipelines to move the gas to out of state and distant markets. Read More.

Pipeline Compensation Negotiations

All Landowners must negotiate to obtain the most money possible when entering into any Pipeline Agreement.

Pipeline Easement Agreements provide financial compensation to landowners based on the length of the pipeline easement or the total area of surface disturbance on the property. Financial compensation for Pipeline Right-of-Way Agreements is broken down into “compensation” and “damages” payments. Read More.

Pipeline Right-of-Way Addendum Negotiations

Pipeline Right-of-Way Agreement “Addendum” are additional terms negotiated and added to the company proposed Pipeline boilerplate Agreement offered to the landowner. Read More.

Landowner Assessment Negotiations

Accurately Assessing Landowner Leverage Is Critical in All Pipeline Agreement Negotiations.

An accurate evaluation and understanding of Landowner negotiation leverage combined with skilled negotiation can result in significantly higher compensation and strong landowner Pipeline Addendum terms. Alternatively, effectively recognizing a weak leverage position may salvage a strong Pipeline Agreement and avoid losing compensation and property protections already on the table. Read More.

Pipeline Right-of-Way Agreement Review

Attorney Doug Clark offers a thorough and detailed “Pipeline Agreement Review” to any Pennsylvania landowner considering signing a Pipeline Agreement with any gas or pipeline company. Read More.

Temporary Surface or Above Ground Water Pipelines

Surface Water Line or Temporary Above Ground Water Line Agreements are legal contracts that gas or pipeline companies generally seek from landowners to allow the transportation of water to well sites for fracking purposes. Temporary surface water lines run above the ground and typically remain in place for less than one year; however, the length of time these pipelines remain in place above ground may vary and the physical location of the above ground water lines may greatly impact and restrict a landowner’s use of your property during critical time periods. Read More.

Above Ground Oil or Natural Gas Pipelines

Above ground oil or natural gas pipelines are rare in Pennsylvania. Above ground pipelines may serve as a temporary solution to move oil, natural gas, or water until permanent underground pipelines are installed. As with virtually all oil and natural gas agreements, the company Landman presents the landowner with a “form” or “boilerplate” contract drafted by an experienced gas or pipeline company lawyer in order to benefit the company. Read More.