Quote:
Originally Posted by coup
the gas company just ahd a contractor replace 800 feet of 6inch pipeline running through my property. the old metal line was laid in 1902 on top of the ground......other places they have been inserting,instead of replacing...i don't know how wide the right of way was but the cut some big trees and rolled them on over from the right away....they used my bridge and road on the hill that they don't have a right away for....they worked the road and now lots of mud is running into my pond.. i had always heard the land owner could have the old metal pipe but they took it all.....i hoped for gravel on my driveway and they have put two loads of the smallest gravel while two wet and i am hoping they come back monday wehen it shoule be dryer.....i kept away from them hoping to be treated good with the gravel....oh yea i saved them money by telling them could cross my bridge instead of putting in a temporay low water bridge..........i tried to be really nice and i am not sure it was the right thing to do........= push over.....
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Well, Coup, if you'd posted about this before the fact, I could have given you some extremely good help, that would have solved most of your problems.
They indeed do have a right to lay new line... however, there's usually a clause in the ROW agreement about damages, then and in the future. You can be a horses rear, and force them to stay completely on the right of way... take one step off of it, and there's penalties to pay (aka damages).
Key thing to do in such situations is have the ROW conveyance in hand. Hold them to the letter... which usually means traveling ONLY on the ROW. They can't use local roads and bridges... they have to use the ROW only, from the closest public road.
You have to let the very first person that arrives that you need to talk to the boss hog of the operation. Let him (or rarely her) know, that no heavy equipment will leave the site till all cleanup is finished. No usage of private roads, or trails is allowed, unless they fix and repair (to your pleasure) their damages.... otherwise, they travel on the right of way ONLY. In lieu of repairing xy and z, you'll take cash... upfront.
I've forced pipeliners to follow the rules to the letter, not stepping an inch off the ROW. Last time they came through, I pulled a Huffy on them, and got two hours worth of trackhoe work out of them before they left. The area was cleaner than when they started. They put fabric barriers down around a wetland, to prevent loose soil from washing into my swamp. They didn't necessarily like it, but they knew driving 6 miles through a swampy ROW would mean waiting till the driest part of summer, and me letting them use my private road would allow them to get in and out in a day and get er done.
You have POWER while they're still there, on site. Once they're gone, good luck getting anything done in a timely manner, if ever.
I 'hijacked' an entire drilling rig once... An oil company 'promised' to repair my road 'after' they left... I'd just returned from Alaska, and was dead tired, and the rig was pulling out. Well, they didn't fix the road... I complained and complained... might'as well complained to a rock. Five years later they returned and brought a rig in and over my road. I blocked the road. The foreman came up and we chatted. I told him he'd best turn around, as he had no ROW across my place... if he went in, and he'd never get it out legally. He decided to risk it. I told him he'd best call Houston. Got a call from a VP. Told him they'd never acquired legal ROW. He said they had. I said produce it. Next day he called, and said his landman had never been able to contact me.... *I knew the landman* Two days later, I had a check in hand for 10K, for a 90 day ROW. Plus 20K in gravel on my road. If I'd'a waited for them to leave, my road would still be busted up, and I'd have a thinner bank account.
Get your stuff done before they leave.............
