Real estate LAW - natural gas pipeline?
Janus owns a farm on the route for a new natural gas pipeline. He has been notified that the pipeline developer has the right (easement) to come onto his property to lay the pipe and to visit in future for pipeline maintenance.
Janus thinks natural gas is a dangerous substance and sees the pipeline as a hazard for his farm and family. He is strongly opposed to the pipeline being anywhere near his farm.
• Is the pipeline a justified imposition on landowners such as Janus along its route?
• Should Janus be able to refuse permission to use his land?
• Should he be able to claim increased compensation for the use of his land because of his opposition to natural gas?
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The pipeline is a justified imposition on landowners such as Janus along its route.
1) {MORE MONEY} THe easement is a done deal. Janus can not claim additional conpensation as the easement is bought and paid for and he no longer has the right to that element of his property.
2) {DENY ACCESS} Likewise, he (or his predecessor) has presumably sold or transferred that particular right to the gas company (assuming that the easement gives him no other options to reclaim it). As long as the easement includes a right of access to construct and maintain clause, Janus is out of luck.
3) {JUSTIFICATION} Here Janus may have a slim chance, but the venue is not on his 'back 40' but instead in the Planning offices of his County. If he can convince the planning and zoning officials of the hazard and danger of such construction they will have the power to deny the construction of the pipeline,. The easement will still exist but the pipeline will not be built.
If Janus bought the easement rights to the pipeline business enterprise, he has no recourse. If Janus bought the valuables and the easement exchange right into a situation of the sale to Janus, Janus is estimated to have agreed to the circumstances while he bought the valuables, and lower back Janus has no recourse. Janus ought to overview the easement that each and one and all factors of the rights are referred to, particularly with admire to get right of entry to at specific places. additionally places for staging and storage of fabric, particularly of soils for later lower back-filling and compaction must be checked for compliance with the easement. as nicely, Janus ought to make sure that each and one and all surveys are precise. Janus would desire to maintain his own inspection centers to make sure that any advancements that belong to Janus isn't imperiled via the excavation and shoring is supplied as a protection precaution. because of the fact the pipeline would desire to fulfill regulatory and protection rules, Janus ought to stay with up with the allowing corporation or companies that the pipeline business enterprise is in compliance, particularly with handling wastes, water, and restoration of the land after shape. Janus would desire to take photos to record the circumstances in the previous and after shape.
The easement already exists, end of discussion.
The pipeline company held public hearings, all landowners were notified , which Janus apparently did not attend.
The local municipality approved the contract thus Janus cannot refuse permission to use his land . No he cannot claim increased compensation.