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Any laywers in the house? Possible eminent domain issue.

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W

Wheezer

Diamond Member
So apparently Columbia Gas has been using a piece of property I own as underground storage for natural gas. The only reason I know about this is because I got a certified letter from them regarding a class action lawsuit against them for doing the same thing in the area to other property owners.

Case article richland-county-residents-file-class-action-lawsuit-against-columbia-gas. I also have the case docket from PACER.

They made a paltry offer for permanent easement onto the property which I plan to decline but in the letter they state that if I do not respond the offer will expire and they will "proceed with an alternative acquisition process" which I take to mean some eminent domain bullshit.

I am waiting to hear back from an attorney but thought I would see if anyone here has had any kind of similar experience or knowledge.
 
Can you explain how they got permission to install a storage facility under your property without your knowledge or permission? Assuming instead this is a natural gas field on your property, why are you not "staking your claim"? It's on your property! How did they even discover it without trespassing?

Plus I'd be afraid to fart.
 
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1sikbITCH said:
Can you explain how they got permission to install a storage facility under your property without your knowledge or permission? Assuming instead this is a natural gas field on your property, why are you not "staking your claim"? It's on your property! How did they even discover it without trespassing?

Plus I'd be afraid to fart.
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Are you farting fire these days?
 
The property has been in my family for years and it was signed over to me in 2007. based on all the records that were kept we never agreed to this. It appears that this is a common practice in the natural gas industry. They use depleted natural gas fields as storage for the summer then extract it back out in the winter when demand is high. Basically the way I see it is that they want an easement over the land itself. Like if someone needed to cross your front yard to get to their house they would have to pay you for the easement.

The gas company is not crossing across the surface of the land they are using the area below the ground so the question becomes how much volume are they actually using underneath?
 
Wheezer said:
The property has been in my family for years and it was signed over to me in 2007. based on all the records that were kept we never agreed to this. It appears that this is a common practice in the natural gas industry. They use depleted natural gas fields as storage for the summer then extract it back out in the winter when demand is high. Basically the way I see it is that they want an easement over the land itself. Like if someone needed to cross your front yard to get to their house they would have to pay you for the easement.

The gas company is not crossing across the surface of the land they are using the area below the ground so the question becomes how much volume are they actually using underneath?
Click to expand...

The easement request made no sense to me either, hence the stupid questions. I don't see why they need above-ground access so badly they are willing to seize the land for it.

And yes my cooking will certainly produce flames on occasion.
 
How far underground? Perhaps you could d-i-y drill down to it & tap into your mineral rights. You have mineral rights for your property?
 
offer to lease it to them for a nice amount or demand a percentage of the gains they made for using your property.
 
A properly drawn easement would only given them right to use the depleted gas field under your land and would not in any way grant them access to the surface of the property. Easements are not permission to use the land however and whenever they see fit, rather easements simply grant permission to use a very specific part of the property for very specific purposes.

In your example of granting someone an easement through your property to access a land-locked parcel, the easement would only apply to their use of the path for the purposes of entering/exiting their home. It would not give them permission to use your entire property, nor would it give them permission to use the path for other purposes.

Consult an attorney licensed to practice in your jurisdiction and actually determine what rights are contained within their proposed easement before you blindly reject anything.

ZV
 
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tynopik said:
might have squatter's rights
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Doubtful. Adverse possession rights generally require that the possession be "open and notorious" such that the person who actually owns the land has a legitimate opportunity to notice the use.

Again, I am not admitted to any bar, consult a lawyer who is licensed to practice in your jurisdiction.

ZV
 
Storage sites are regulated by the feds, so yes, they can condemn and give you what a judge says is a fair offer. Most of the time, their initial offer is better.

Do you have any wells on your property?
 
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