Side issue, do you have or remember any law on subsurface trespass?
Briggs v Southwestern. Rule of capture and Trespass rulings.
Quote from: macal on April 10, 2019, 05:07:16 PM Briggs v Southwestern. Rule of capture and Trespass rulings.Got it, thanx.
Quote from: ghrit on April 10, 2019, 06:36:26 PMQuote from: macal on April 10, 2019, 05:07:16 PM Briggs v Southwestern. Rule of capture and Trespass rulings.Got it, thanx.Well, it does not apply to the case I'm interested in. Looking for actual subsurface installation, say of a pipeline, done without an easement or lease.
Quote from: ghrit on April 11, 2019, 12:20:56 AMQuote from: ghrit on April 10, 2019, 06:36:26 PMQuote from: macal on April 10, 2019, 05:07:16 PM Briggs v Southwestern. Rule of capture and Trespass rulings.Got it, thanx.Well, it does not apply to the case I'm interested in. Looking for actual subsurface installation, say of a pipeline, done without an easement or lease.Here's one for ya' Ghritter.https://www.ien.com/regulation/news/21035850/pipeline-owes-just-450-for-trespassingHere's a small excerpt (color mine):A Louisiana judge ruled Thursday that a company building an oil pipeline through south Louisiana trespassed on the land of three people opposed to the project, but he allowed the work to continue while awarding the three only $150 apiece in compensation and damages.Glad I'm not one of THEM property owners....Donegal
Speakin' of places that Property Owners may find Law & the Courts to be a bit convoluted is Texas. Here's a pipeline case involving Enbridge & a landowner. Worth a read, even jus' to see if yer Agreement need a few more paragraphs.............so ya' don't find out the hard way that there may be a difference between Temporary & Permanent Damages. gehttps://agrilife.org/texasaglaw/2014/09/04/texas-supreme-court-issues-important-opinion-regarding-damages-to-real-property/Here's jus' one of the tidbits: (color mine)"...when requiring certain methods to be undertaken by a pipeline company to whom an easement has been granted, the landowner should require that any such requirements be submitted in writing to all contractors and a copy of such writing given to the landowner. In this case, had the contractors received notice of the boring requirement prior to the pipeline being dug, this entire dispute may have been avoided.o.k. ... O.K..... here's another one: parties to an easement agreement may set the proper amount of compensation for damages by contact. For example, the parties could have agreed in this case that if any trees were damaged the proper compensation to the landowner would have been a set dollar amount per tree ($100 per tree, for example). Likewise, the parties could have agreed on a proper damage award that in the event Enbridge breached the contract. Parties should at least consider including these types of liquidated damage clauses in agreements where calculating damages may be difficult.Finally, landowners should be aware of the economic feasibility exception and consider including language in contracts to avoid this exception. In this case, the Wheelers were not awarded the $300,000 in restoration damages because the court found this was grossly in excess of the $3,000 diminution in value of the economic feasibility exception. Clearly, the Wheelers would have preferred the restoration damages. Had they considered a contractual provision providing that the measure of damages for any injury to real property would be the cost of restoration, regardless of the diminution in value and without regard to the economic feasibility exception, they may have been able to recover the greater amount.Hope that's not too far off topic,Donegalp.s. What's the difference between Temporary & Permanent Damages?? W-e-e-l, in this case about $297,000. p.p.s. Jus' havin' sumthin' in an Agreement don't guarantee that things are gonna' go that way. You might have to take action to enforce it.........but I guarantee ya' that if it ain't covered in writin', then ya' might not even have a leg to stand on, (and that ain't no position to be in. Take it from me. )
You must go into a ROW negotiation planning to go back & forth for awhile. I was mostly satisfied with the result form the Constitution line. I also signed for temporary space , which the time has now expired & will need to be readdressed once it goes underway. Not a pushover, but they moved the line to accommodate me, met monetary expectations, even came back three times to reseed the property when pipe did not go in as expected. only disappointment so far, was stacking of cut timber, which was put in an area not actually accessible to anyone. I am prepared for the line to begin if given the green light.