Land and Pipeline Question

[BobbyV]

The right of ways make for great spots to setup for a hunt.

 

[HeyEng]

The right of ways make for great spots to setup for a hunt.

Be careful doing that. Just because it's an easement and/or right of way, that doesn't mean any Joe Blow can be on there. I have had to chase off a couple hunters on my land that has high tension lines across it. They were under the assumption that the land was owned by the utility company.

 

[Poke78]

...had to chase off a couple hunters on my land that has high tension lines across it. They were under the assumption that the land was owned by the utility company.

Small niggle on your terminology as these people were not "hunters" -- suggested alternatives: jerks, slobs, a-holes, dipsticks, trespassers...just not "hunters" as that term implies a level of ethics and responsibility clearly not evident in your encounter. Your anecdote is a good object lesson for all as regards rights-of-way of all kinds - utility, pipeline, railroad, etc.

 

[Mad Professor]

Some of you are aware, from my past posts, my wife and I will be moving to OK (wife is full Okie already) in about two years when our son graduates high school. With this, I am continually looking at properties of all sizes in all the counties surrounding Creek County.

There is one property that has caught my eye but I have a question about it. It has 160 acres and a lot of the features we are looking for with a home that is doable but would need a major remodel. Even though I was born and raised in CA I know by looking there is a sizeable pipeline cutting through the property from the NE to SW. With Google Earth you can track it right into Cushing. What I want to know is this. Is there any real downside to purchasing property with a giant pipeline going through it? What are the down-falls with it and also are there any benefits/compensation associated with this? I attached a pic of the property. You can see the North and East fence lines of the 160. Is this a steer-clear of property or not too big of a deal? The current owner has a shooting tower sitting atop a hill/rise on the pipeline open space with what looks like you could shoot a deer out to 1000+ yards or more.

I highly recommend getting a copy of the original easement agreement before you start negotiations on the property. Understand exactly what rights the previous land owner(s) have actually sold. It “may” allow future operations including surface equipment and burial of additional pipelines. If you don’t understand the language in the easement (most will not), consult with a professional.

Most land owners don’t lock down the easement or leases adequately. You just want to know what your getting into.

 

[BobbyV]

Be careful doing that. Just because it's an easement and/or right of way, that doesn't mean any Joe Blow can be on there. I have had to chase off a couple hunters on my land that has high tension lines across it. They were under the assumption that the land was owned by the utility company.

Yeah, I know . . . I was referring to using those that crosses land I have access to.

 

[Glock 40]

My parents have lived on a piece of land with a pipeline running through it for over 40 years. No issues ever, you hear an occasional plane flying over that checks it out from time to time. I agree with the post that monies were paid to original land owner when it was done and that's probably it.

I had a place on the other side of 99 about 12 years ago. There is wildlife galore out there. I remember looking out the back window of my bathroom one day and seeing probably 30 turkeys walking around my house. The roads sucked when you got off 99 but from looking at aerial photos looks like it may have been paved since then. It was nice place to live I just hated the 55 minute commute to Tulsa each day after my kids were born. Cleveland lake is just to the west of you also but you have to access it from the North off of 64. Cleveland is closest town with a Walmart about 15 minutes away. Stillwater is 45 into town and and Sand Springs is about 35.

 

[Shadowrider]

I highly recommend getting a copy of the original easement agreement before you start negotiations on the property. Understand exactly what rights the previous land owner(s) have actually sold. It “may” allow future operations including surface equipment and burial of additional pipelines. If you don’t understand the language in the easement (most will not), consult with a professional.

Most land owners don’t lock down the easement or leases adequately. You just want to know what your getting into.

^^^ This.

You need the original recorded document in the county clerk's office. They'll help you find it. There may be more than one too and I'd get a copy of the assignments if it's been sold, which if its very old it probably has multiple times.

Also check to see if they have to remove it and restore the land if they abandon it. I've seen it both ways, but the old ones usually don't even mention removal. My FIL has some land that had a pipeline through it eons ago and they removed it for the most part. There are still some concrete pads that they left. If it's oil I'd be looking to see if I were responsible for anything environmental after they abandon which may never happen, but I'd still want to know...

 

[Okiedog]

Do you know who owns the pipeline? For over 30 yrs I worked for a company whose lines run thru that area and some of those lines date back to the 1920's. Landowner at time of installation would have been paid for right-of-way and easement. I would not let line stand in the way of buying the property, but you should know the depth and be aware of the fact you cannot build any permanent structures over ROW. If the pipeline company were to make an improvements, new structures, or have a leak, you would probably be paid surface damages only. If I can be of help or answer any other questions, let me know.

 

[dennishoddy]

^^^ This.

You need the original recorded document in the county clerk's office. They'll help you find it. There may be more than one too and I'd get a copy of the assignments if it's been sold, which if its very old it probably has multiple times.

Also check to see if they have to remove it and restore the land if they abandon it. I've seen it both ways, but the old ones usually don't even mention removal. My FIL has some land that had a pipeline through it eons ago and they removed it for the most part. There are still some concrete pads that they left. If it's oil I'd be looking to see if I were responsible for anything environmental after they abandon which may never happen, but I'd still want to know...

I have a place with 3 pipelines running across it, a pipeline running through my backyard, and is President of a gun club with several pipelines and drilling easements on it.
Checking with an attorney is the first option if a pipeline is looking at crossing the property they will try to lowball you with surface damages and prices for the easement.
They will show you prices that the neighbors got and expect you to go along with when in reality, the attorney we used advised us of a price and we tripled the damages, with the company just writing a check. We also got environmental issues about spills, traffic, road easements and road usage addressed in the contract that had never been mentioned in their original proposal at our gun range.
Pipelines are not removable. They keep an electrical charge on them to prevent corrosion. When they are abandoned, they reverse the charge and the pipeline dissolves into rust and returns to the earth. That is what happened to the pipeline in our backyard.

In the place I have 3 pipelines crossing, it's kind of confusing what they want initially. The easements are 60' wide per pipeline. One company requires me to mow, plant, or burn the easement every 5 years to keep the brush out so the flyboys that run the pipeline every day could see leaks. They did a clean and strip of all tree stumps and brush on the easement.
Second pipeline, just cut the trees down, didn't treat the stumps so brush is growing back from the stumps.
Third pipeline they pulled the stumps, and they come annually to spray to kill the brush that comes up from the roots.
Every company is different it seems on their requirements. Of the three pipelines crossing the River place, it makes one heck of a hunting opportunity with the second pipeline letting it go back to original. I plant the first one, and the third one comes and manages their easement so there is good growth of forbs and things that deer love to eat.
So, for the OP, get a copy of the easement requirements from the county clerk and see what it required to maintain it, and see what limitations you can put on access to the property from those that own the easement.
At our gun club, we put a stipulation in that they had to open the lock at the gate when coming in, lock it on ingress, do their thing while on the property, and then lock the gate when leaving.
We found they were leaving the lock open for hours and the gate open when they were in there via security cams and forced them to comply. It's a long story, but down the road, they failed to comply again and now they go around the range on another road they had to pay the neighbor for access.
An attorney is your best friend in this situation. One that is versed in land management and acquisitions.

 

[TerryMiller]

Small niggle on your terminology as these people were not "hunters" -- suggested alternatives: jerks, slobs, a-holes, dipsticks, trespassers...just not "hunters" as that term implies a level of ethics and responsibility clearly not evident in your encounter. Your anecdote is a good object lesson for all as regards rights-of-way of all kinds - utility, pipeline, railroad, etc.

I may be incorrect in this, but I think that railroad rights-of-way are owned by the railroad. I know of a rail line up in the Panhandle that was abandoned decades ago, but most of that right-of-way is still not accessible or usable by the landowners across which land the R-O-W crosses.

The reason I make this statement is because I've heard of photographers that wanted to get onto railroad rights-of-way and photograph passing trains. They've been run off when the railroad reported them as trespassers.