Pipeline Easement Agreements

Keep in mind that it is not necessarily wrong to refuse an offer of pipeline agreements and allow the company to install a pipeline under the terms of your gas lease. If pipelines are installed according to the conditions of your gas lease, the company must comply with all operating restrictions contained in your gas rental, which can be very favorable to the landowner. Even in most cases where a company installs a pipeline under your gas lease, it will install only one pipeline to transport your gas. Educators at Ohio State University (OSU) have developed the Pipeline Easement and Right-of-Way Agreements to educate landowners about pipelines, discuss route rights agreements, review provisions often contemplated in agreements developed by development companies, and provide examples to encourage landowners to think critically about the needs of their real estate. PowerPoint presentations have been developed and paper flyers are distributed during program meetings. Information sheets, training points and a checklist to facilitate the pipeline were also developed to accompany the presentations of the program meeting. (These educational articles are available at serc.osu.edu/extension/extension-resources/pipelines.) In addition, during program meetings, educators encourage participants to obtain additional information from lawyers, academic websites and the Ohio Department of Petroleum and Gas so they are as informed as possible about their real estate decisions. Decisions on rights of way are likely to have consequences that will last longer than their lifespan and will affect future generations. The Ohio Farm Bureau Federation has indicated that over the next 10 years, an estimated 38,000 miles of pipelines will be installed or redeveloped in Ohio.

Although there is land transportation, data from the Hazardous Materials Safety Administration pipeline confirmed that the vast majority of crude oil and petroleum products are transported by pipeline to that country. In addition, a Fraser Institute study has confirmed that pipelines are the safest means of transportation for such quantities of petroleum products (Redgott-Roth-Green, 2013). Just to make a comparison, a person is 75% more likely to be killed by lightning than to be killed in a pipeline incident. Landowners should attempt to limit the materials used in the pipeline to natural gas and attempt to exclude other more harmful materials, such as wastewater or crude oil. The landowner should also require the gas to smell. In order to ensure an adequate remediation area, the landowner should ask the pipeline company to sow the surface each year with the desired herbs of the owner until the sustainability. The landowner should also require a double dig so that the top floor is brought back to the surface. Ideally, these remediation measures would apply even if the pipeline company disturbs the surface. In this list, the terms “relief” and “right of way” are interchangeable.

In addition, the Grantee Pipeline Company and grantor are known as landowners. Unless the facilitation agreement is otherwise, the pipeline company may leave its structures on site if it abandons the pipeline. A landowner should require the pipeline company, when abandoned, to remove its structures, both from pipelines and surface facilities. The landowner should attempt to include a provision requiring pipeline Company to properly rehabilitate the land after the move and compensate the landowner for damage sustained during the removal. Pipeline development companies often use third-party construction companies to install pipelines. Facilitation should mean that all third parties are also subject to agreed construction standards and that the development company is held responsible for non-compliance by the construction company.