Negotiating Rights-of-Way & Easements on Your Property

Written by Angela & Wil Stanton
August 21, 2015

easementAn article in the August 21st edition of The Roanoke Times by Duncan Adams (http://www.roanoke.com/news/mvp-begins-buying-easements-for-proposed-pipeline-in-w-va/article_7738a513-ca37-523e-9139-c643da1f4077.html) provided information that Mountain Valley Pipeline, LLC has begun to purchase easements for the proposed pipeline.  Based on the information provided in the story, these agreements sound like a BAD deal for landowners.  According to the article: “Among other provisions, the perpetual right-of-way contracts in Summers County give Mountain Valley Pipeline LLC, or successor, the right to install and operate one additional pipeline and related equipment within the easement area for a separate but equal payment.”  This means that people who have agreed to these terms have (1) granted an easement forever, (2) given MVP the right to sell the easement to another company at any time it wishes in the future, (3) given permission for another pipeline (and related equipment) to be installed on the property at any date it wishes in the future, and (4) agreed that what MVP paid for an easement today will be the same amount paid if the clause for a second pipeline is executed at any point in the future.  Think about it, what will $5000 be worth in 2025? 2030? 2050?  What are the future implications on your children and grandchildren? [Read more…]

FERC Comments on MVP Draft Environmental Resource Reports

ferc_comments_rrThe Federal Energy Regulatory Commission just released its staff comments as well as the comments of cooperating agencies on MVP’s draft environmental resource reports (2nd draft of resource reports 1 and 10, and 1st draft of resource reports 2 through 12). According to the letter written to MVP by Paul Friedman from FERC, “the comments ask for clarifications of discrepancies and identify missing information that we believe is necessary to begin substantive preparation of an environmental impact statement for the Project.” You can access this document on the Preserve the NRV web site at:http://preservethenrv.com/docs/ferc_comments_rr_aug15.pdf.

The document contains 67 pages of requested information (41 pages from FERC, 18 pages from the U.S. Forest Service, 6 1/2 pages from the EPA, and a few items each from the U.S. Army Corps of Engineers and the West Virginia Division of Natural Resources).

This will take some time to digest as there are many requests from FERC and the cooperating agencies. One item that we noticed on a quick review is that MVP has been told by FERC that they must provide the proposed location for the Swann Compressor Station before they file their application in order to provide for public comment.