Concerns of landowners being affected by pipeline condemnations

Of all of the various types of easements that can be obtained, an oil/natural gas pipeline is the one that creates the most concerns in landowners. Primary among those fears is the fear of accidents. Fear of a leak and its long-term environmental concerns and the fear of an explosion are relayed to me by virtually every landowner I have represented in these types of cases.

The impact these fears have on a condemnation case depends on several factors. The current and potential uses the whole property can be put to. The proximity of the pipeline easement to improvements.

Another concern that my clients discuss with me is the fact that they are no longer able to control who they allow to enter their property. Both during and after construction of the pipeline, the pipeline company will have the ability to access your property, often without advance notice. Losing this right, like the fears discussed above can have an impact on the marketability of the property after the taking has occurred.

What can I do with the property where they construct the pipeline is another concern voiced by affected landowners. There is a good reason for this concern since the easement acquired by the pipeline company often contains very restrictive terms as to what uses can be made of the surface of the easement. Oftentimes a landowner is unable to make any use of the surface.

Anything that effects the price a willing buyer would offer to a willing seller are things that the finder of facts in a condemnation trial should consider when trying to determine just compensation in condemnation cases.

An experienced condemnation attorney, timely hired, can help guide a landowner through these concerns and assist them in being placed in the best position possible throughout the condemnation process.