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Easement Question for John T. Country Lawyer

H

Hay_Man

Member
I'm in NE Texas, and have a 40 acre hayfield that has an existing easement with pipeline carring gas and crude oil. It is a 50' easement cutting diagonally across our rectangularly shaped field. Its not been any problem farming hay on it. Now another pipeline company has surveyed out another 50' running along with this easement and wants to meet with me to tell me how much they are willing to pay for the expansion of the easement and eventually install another pipeline running parallel with the existing one. Do I figure the loss of crop during the digging operation and destruction of that amount of hayfield for a few years and expense of re-establishing the grass crop to arrive at a dollar figure I need from them, or just take what they say? Thanks for any advice on the subject from any and all.......
 
Yes you need to reimbursed for any damages or lost income. So figure all cost: lose of current hay, reseeding, lower production, and the possibility that you can have a 90 foot section of hay ruined at any time.

I let the local water company cross me one time. They paid me about half of the value of the lost crop. I had to fight the soft trench for several years to keep the field level. So I have not signed another easement since. They have to keep the newer lines in the public right-of-way.

So it would take a court order to ever get across any of my ground with any type of line/cable.
 
I have a natural gas pipeline across 1/4 miles of my land, and when it was put in they didn't even have to dig it all up. They dug a pit at the road side and another on the next property over from mine and tunneled that pipe in there with no disturbance to my hay field.
 
Instead of a lump sum, see if you can get land lease payments, like quarterly, for example. You may have to pay capital gains tax if they buy it outright. Any sum under $600/year doesn't have to be reported. You can't live off the payments, but it's always nice to get a check in the mail now and then.
 
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