Taking Land

Article: Know Your Rights In a Land Taking
Brian Bolves, Gas Line Attorney

To establish a corridor, the pipeline company has to meet the approval process of the Federal Energy Regulatory Commission (FERC). The approval process involves making sure that the pipeline route addresses all environmental, cultural and regulatory concerns and minimizes impact to all owners (“affected parties”).

Before deciding to take your land (eminent domain) the gas company needs to talk to you about the value of the land. You may agree, but you may not. Please keep in mind that it is typical for those individuals deciding on the path of the transmission line to want to get the best deal possible. Since landowners and property values have been hard hit over the last few years, the offer from the company may seem like a good deal.

The pipeline company might need a small portion of your land or they may need a large portion that interferes with the use of your land. No one will know until the actual path is announced.

But if the company needs all or part of your land and you cannot reach agreement, your property can be taken through a process called condemnation.

The company has to follow very specific rules.

And, you have legal rights.

And, you need to understand those legal rights before the company calls.