Giving My Permission For A Survey Of My Property To A Natural Gas Pipeline????

[Evenstar]

I live in Georgia and I was sent a Survey Permission Form, Certified Mail, from company claiming to represent Transco. The form would allow Transco, their representatives, and contractors to enter my property for the purpose of making civil, environmental, and geotechnical surveys. It states that "permission is subject to any conditions noted below." I believe it would be prudent to list/note some conditions in the space provided, and I could use some educated suggestions. The form also states "these surveys are not expected to cause any damage however; Williams will pay for any and all damages to property and/or crops resulting from said surveys. Transco may assign, transfer and/or convey to Transco contractors the permission granted in this document.

This document scares me, and my research indicates it is better to allow the survey than deny it and be subjected to their assumptions. I would greatly appreciate any suggestions to include on the "conditions that apply to survey" part, or any other advice you may offer. I honestly do not want a natural gas pipeline anywhere near my property, but my main concern right now is protecting myself during this survey phase.

I thank you in advance for your help!!

 

[justalayman]

Do you know this to be for a gas pipeline?


Has the property already been claimed for the purposes of installing the pipeline either willingly or through eminent domain or is this merely a proposed route?

 

[Evenstar]

Thank you for your reply Justalayman!

The company is Williams, they only gave a P.O. Box in Newnan, Georgia, and Williams is a division of Transco, therefore I assume it is legitimate. It is for the "proposed" route of the Dalton Expansion Pipeline Project.

I feel like I should stipulate some "conditions" on them doing this survey and I could use some suggestions on what to list. One that comes to my mind is to require advance notification of the dates that my property will be surveyed. Any other suggestions you may have would be greatly appreciated as I have to return the form tomorrow.

Thanks for all your help!!

Evenstar

 

[Zigner]

Realistically, how can you expect us (random internet strangers) to suggest to you what you may want to have done in your situation?

 

[Not_Me]

Realistically, how can you expect us (random internet strangers) to suggest to you what you may want to have done in your situation?

Hi Evenstar. In this case that would be that what you ask about are pitfalls of giving people permission to access your property on their terms vs your own. While I completely agree with your sentiment, I can add that Georgia trespass rules are very strong as compared to the rest of the country. It is one of the few states where judges still actively banish out of state trespassers from ever returning to Georgia every once in a while. Back to GA, my take on your concerns is that you must Google or call about the behavior of the company and if you find them well-behaved cooperate. Denying them access to your property for surveys can backfire as you mention, and it certainly won't stop them in the slightest from chosing a route near your property if that is the cheapest way. That fight is for arguing before the municipal or state legislators. The one thing I would look into is if the property access has an open ended date. If the terms are typical I would hope for a clause that my permission expires, say after a year, at which time they need to reapply for your permission. I wouldn't sweat the rest of the small stuff if they are legit and not infamous for abuse. Good Luck with it and I hope whatever they are up to turns out ok.

 

[justalayman]

first, understand that surveyors usually have a legal right to enter private property in due course of their jobs. I would have to do some research to verify it but more than likely, you could not actually stop them even if you wanted to. As they have stated, they do not expect it to cause any damage but have already stated they would compensate you for any damage caused.


So, what to stipulate:




is there any particular action taking place on this land that their presence may cause a problem with? If so, I would stipulate dates or times it would be problematic for them to be in the fields.

making civil, environmental, and geotechnical surveys.

I would ask them, prior to even signing the agreement, to define more precisely what they intend on doing. That would help you determine what, if any, additional stipulations might be appropriate. I can imagine a few scenarios where the testing, especially geotechnical testing, might cause some issues in some situations. I don't want to scare you by tossing out random thoughts on the issue so it would be best dealt with knowing what they are intending on doing.

as to them compensating you for damages; if this is a farm field, you might address issues such as how to calculate the damages. If you are a farmer, you would understand this issue much better than I do. Something such as preventing you from planting some defined area would be cause for a total loss of profits from that area so, are the damages based on a predetermined expected yield or actual yield based on the rest of your fields. That could be a minor point but I can also see where it might be a problem and cost you more than what was contracted if you use a set yield, and price of product, rather than a calculated loss based on the rest of the fields.


They do have a proposed route for this pipeline so asking for that should not be a problem. If the proposed location might be a problem for you, now is the time to get a lawyer involved to see what, if anything, you can do about it. You should be able to get a better description of what the actual proposed installation is to consist of. That might either help settle your mind about the installation or scare you into full defense mode.


and as always; it is rarely a bad idea to have a local lawyer review the actual document to see if there is something you are giving up without realizing it.

 

[Evenstar]

Thank you!!

Thank you justalayman and Not_Me, you both provided some excellent advice!! I live in a subdivision, own less than an acre of land, and I am beside myself with the thought of a natural gas pipeline anywhere near my home.

 

[justalayman]

not that it will necessarily assuage your fears, my father lives a couple hundred yards from the biggest underground pipeline I have ever seen (watched them put it in the ground). If I recall, it is a 54" high pressure natural gas line running from somewhere around Wisconsin to somewhere over by Detroit. It has never been a concern living near it. Other than signs along the road indicating where it is, you would never know it was there, except that during the winter the snow tends to melt off the path.




On the opposite end of the spectrum, there is this incident:

http://www.powerlineman.com/lforum/showthread.php?2235-Apprentice-lineman-killed-Michigan

scroll down for a pic of the situation.

According to some of the newspapers in that area it appears that the co-op did file a locate request with the state one-call system and they are claiming that they in turn notified the pipeline owner. Does not appear that the pipeline though was located and marked. The pipeline that was struck was pressurized at 850 psi. The blast was reportedly heard over 8 miles away and until gas pressure was reduced was blowing earth and debris over 200 feet into the air. Fortunatly the gas never ignited. Created a crater over 25 feet deep and 80 to 100 feet long. The blast also uncovered a second 22" gas pipline that was buried about 15 feet from the first and rescuers had to wait for the pressure to be reduced in that line as well before they could go in to retrieve the body.