A pipeline transporting pressurized natural gas across the Midwest may potentially disrupt property owners in Richland County. Approximately 30 landowners affected by the project met on Oct. 14 for an informational meeting about their rights concerning the ET Rover Pipeline project.
Eminent domain attorney William Goldman of the Goldman & Braunstein, LLP firm from Columbus led the meeting at the Richland County Fairgrounds’ John Hartz Building.
Goldman explained the ET Rover Pipeline is a new interstate gas pipeline. The $4.3 billion pipeline project is designed to transport natural gas from processing facilities in the Marcellus and Utica Shale Region of Ohio to markets throughout the United States and Canada.
The project will contain approximately 600 miles of 24, 36 and 42-inch natural gas pipelines, with five mainline compressor stations and five lateral compressor stations. One compressor station is proposed to build in Richland County near the city of Shelby.
“There’s nothing else going on like this in Ohio right now,” said Goldman.
Affected Ohio counties include Richland, Crawford, Ashland, Wayne, Seneca, Stark, Tuscarawas, Harrison, Belmont, Jefferson, Monroe, Wood, Henry, Defiance and Fulton. For landowners in the pipeline’s route, Goldman explained Rover and or its representatives will survey the land and offer to buy an easement allowing the company to build on the property.
“Rover is a federal project,” said Goldman. “It made its initial application to the Federal Energy Regulation Commission earlier this year and will make its final submission in January of this coming year. If they are accepted, they will get a certificate of necessity. When they get that certificate of necessity, that’s the basis upon which they have eminent domain authority.”
If an easement agreement cannot be reached between the company and the landowner, Rover could take the property by eminent domain, which could result in a court ordering that the property be used for the project.
“It aggravates a lot of people, myself included, that private companies have the right to take property, but it goes back to the railroad days,” Goldman explained. “The theory is it’s a public purpose. Gas lines are necessary, in some people’s minds, to fuel the production industrial home heating and conversion of coal generating plants to gas.”
Some landowners present at the meeting expressed concerns about what Rover could dictate in regards to their land, what condition their soil would be left in, and whether it was possible to stop this pipeline. In his experience, Goldman said he “honest to God didn’t know how to stop it.”
“I know there are folks and some attorneys that are talking about attempting to stop this line. I don’t think that it’s possible,” said Goldman. “I believe if the federal government issues a certificate of necessity, that’s the end of the game. What we want to make certain of is folks that are affected by this line are adequately represented.”
Goldman emphasized his goal is to guide landowners who become his clients through the process in order for them to receive fair compensation and a fair easement agreement. Goldman has represented landowners in numerous eminent domain actions throughout the last 20 years. Currently he represents 60 landowners along the Rover Pipeline.
“These gas line transmission companies are arrogant, they’re large, they’re spending billions of dollars, and they have a tendency to run over people,” said Goldman. “Whether you decide to employ us or not, you must be represented in the negotiations.”
Goldman explained an easement is a contract between the property owner and the gas transmission company, and the easements transfer property rights. The easements can last “forever;” as long as the gas line is transmitting, the easement will remain in effect.
“The way the easement is written is crucial to the value of the property; it’s crucial to anyone who inherits your property or if you attempt to sell,” said Goldman. “It defines what the transmission company is responsible for, and the current easements that are presented to people are deficient. They don’t have good liability provisions. We want to make certain that if something happens on your property that you’re adequately insured.”
Goldman said his firm attempts to create an easement that protects a landowner’s property for instances including crossings over the pipeline, the growing of crops and undamaged or repaired drain tiles. He noted the perception of danger associated with a gas line would negatively affect property value.
“We read articles every once in a while about these lines exploding or leaking; they don’t happen that often but the perception is that they are extremely dangerous,” he said. “So if a gas line is crossing your property, it certainly isn’t going to do anything to increase the value of your property, it will in fact diminish it.”
In addition to the easement, Goldman said compensation is another factor he fights for. He stated the transmission companies usually offer a fraction of what they will ultimately pay.
“They offer low amounts of money because 50-70 percent of the people confronted with agents will ultimately sign the easement,” said Goldman. “They’ll do it because it’s a frustrating experience, and out of frustration a lot of people sign because they would prefer to get the process over with.”
The Goldman & Braunstein firm charges 25 percent of what it obtains for their clients above what the pipeline company offers. Goldman described eminent domain as a “breathtaking” experience, but expressed confidence that landowners can get through the process in a positive manner.
“If we can get in between the gas transmission company and our clients, we can do amazing things,” said Goldman.
For more information regarding Ohio pipelines and landowner rights, visit www.ohiopipelineresults.com.
