Ohio

Pipelines

Gas and oil are not always produced in the most convenient locations. Similarly, gas and oil are not always immediately useful as soon as they are produced. Pipelines carry gas and oil to places where it can be used or treated to unlock further use. These articles discuss pipeline infrastructure, how it is created, pipeline regulations, and useful considerations for landowners.

Written by
about Pipelines
on October 2, 2014

Ohio Pipeline Map and Proposed ET Rover and Leach XPress Routes

Ohio has so many pipelines that if I tried to put them all on one map, you wouldn’t be able to see much. What I’ve done here is shown what I consider to be the major, state-wide pipelines. All of these lines are interstate (crossing into at least PA, WV, IN or KY). They carry different products. They are different sizes. They have different destinations. What unifies them is their scale- each of these pipelines was a massive undertaking and involved a large number of Ohio landowners.

This map also shows two newly proposed pipelines: ET Rover and Leach XPress. These projects are just getting off the ground now (September of 2014).…


Written by
about Pipelines
on

Announcing the ET Rover and Leach Xpress Pipelines

Statistics suggest that 75% of landowners will sign the pipeline agreements and negotiate a settlement without getting an attorney involved. The pipeline companies hope that you make that mistake. Be smarter than the 75%– learn about how you can protect your bottom line and your property by joining a landowner group.

Johnson & Johnson has recently teamed up with attorneys Steve Davis and Craig Vandervoort, also known as the Ohio Pipeline Attorneys. Steve, Craig and Molly are currently forming pipeline groups for both the ET Rover and Leach Xpress pipelines. We use our own tried-and-true method of individual representation within a group setting.…


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about Pipelines
on

Pipeline Installation – Wet Spots

What are Wet Spots?

When a property is known to be wet (or have wet spots) it needs to be dealt with specially. This issue is not to be confused with wetlands, which require substantially different treatment. When a property is simply muddy, the heavy construction equipment can sink. This is bad news for you because it can cause more damage to your property than necessary. It’s bad news for the pipeline company because it can damage their equipment and delay the project (and time is money).

My Land is usually pretty wet – can a pipeline company even utilize it?


Written by
about Pipelines
on

Pipeline Boring

Can a pipeline be installed on my land without disturbing the surface?

Sometimes a pipeline company runs into something that they can’t excavate above-ground, such as a wetland, a driveway, a public road, or an area known to contain endangered species (the EPA and the ODNR take wetlands very seriously in the State of Ohio). In such a situation, the pipeline company won’t be able to dig a trench, so instead they will bore underneath the area.

What’s the difference between above-ground installation (trenching) and below-ground installation (boring)?

Trenching is referred to as ‘open cutting’ the property. I love this term because it sounds exactly like what it is: an open cut running across your land.…


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about Pipelines
on

Pipeline Right-of-Way Width

Why does a pipeline company need fifty to one hundred feet of width to install their pipeline?

It depends on how many lines the company is installing and what size the pipeline(s) are. Modern safety standards require that lines be buried in their own ditch. The pipeline company likes to leave two to five feet between each line (this varies depending on the width of the lines, the products within the lines, and pressure). This allows them to access each line via backhoe or Track Hoe without endangering the next line over. So if your Right-of-Way (“ROW”) allows for four or five pipelines the occupied space can easily be twenty-five feet even for lines that are only twelve inches wide [(four, 12” lines = four feet) + (five feet of space between each line = 20 feet) = twenty-four feet of occupied space].…


Written by
about Pipelines
on

Pipeline Installation Process

Execution and Surveying

After pipeline paperwork is signed, the pipeline company will first survey your property. Oftentimes the pipeline company uses an ‘estimated linear feet’ (length of the Right-of-Way [“ROW”] on your property) within their documents because they don’t want to spend money on a survey until they know that you are committed to them. The survey will tell them exactly how long the ROW is on your property. It will also tell you exactly what you will be paid. During the survey the pipeline company should flag the full extent of the ROW. This will include any temporary workspace (they do not typically flag the temporary workspace separately).…


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. …