Molly Phillips

Written by
about Ownership and Transfers + Pipelines
on May 27, 2014

Eminent Domain, Condemnation, Appropriation and Takings: A Company Is Cramming a Pipeline that I Don’t Want Down my Throat

The above terms are frequently misused by both landowners and industry insiders. While their specific meanings are often misunderstood, the situation presented is usually as follows: “a pipeline company is trying to force me to have a pipeline that I don’t want.”

This issue is generally covered by the umbrella term of “eminent domain.” Eminent domain is the government’s power to take your property. The government derives their ability to take your property from the Fifth Amendment to the United States Constitution, “nor shall private property be taken for public use, without just compensation.” In lay terms this means that if the government pays you appropriately, they may take your property for public use.

Written by
about Pipelines
on November 5, 2013

Pipeline Negotiations

Since most of the leasing has slowed down in the Utica play here in eastern Ohio, many midstream companies are now approaching landowners about pipeline rights-of-way.  Pipeline agreements are typically drafted as a permanent easement, by which the pipeline company is granted a permanent right to access a strip of land on which to install and maintain a pipeline.  Because pipeline agreements can last a very long time, it is essential that landowners retain a lawyer who can interpret the language and negotiate with the pipeline company to change the terms.  Most of the agreements landowners receive from the pipeline company contain many terms that don’t adequately protect the land, and generally aren’t very favorable to the landowner. …