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Landowners warned about pipeline

Todd Hill
Reporter

More than 50 landowners from across Crawford and Richland counties were informed Tuesday evening that there's not much they can do about a natural gas pipeline that's planned for their area, possibly their very property.

But neither is the coming process of welcoming a giant pipeline to the neighborhood as grim as it might appear.

That was the message from two eminent-domain attorneys from Columbus who organized a meeting in the northern Crawford County village of New Washington, at the Knights of Columbus hall. Yes, they were there seeking new clients, and likely to get some, as surveyors for Energy Transfer's proposed Rover pipeline, which would transport natural gas from the Marcellus and Utica shale gas plays in Pennsylvania and eastern Ohio through this region, and ultimately to Canada, are already surveying.

Michael Braunstein and Bill Goldman, of Goldman & Braunstein, LLP, noted that there are plenty of other attorneys who do what they do. "But you will need representation," Goldman said.

"This pipeline will be 36 to 42 inches in diameter. That's huge," Braunstein said. "And it will be a high-pressure pipeline, 192,000 horsepower. I can't even imagine 192,000 horsepower, but that's why there will be five compressor stations along the route. These things hardly ever explode, but they do sometimes explode."

The Rover pipeline will run from east to west across the middle of Ashland and Richland counties, then veer west-northwest through Crawford County, along the specific route has yet to be determined. Energy Transfer hopes the line will be operational by January 2016.

"They do have the power of eminent domain, but don't be put off by that. The law gives you a lot of protection," Braunstein said.

"Land agents do not have the authority to negotiate terms. We call them floaters. Do not be intimidated. These companies can't afford the time to litigate," Goldman said.

"Land agents will threaten eminent domain, but nothing can be further from the truth. Those cases take six to nine months. We've handled hundreds of easements, and not one has gone to court."

Still, the attorneys cautioned that obtaining a generous easement contract with the energy company is of paramount importance to the landowner, not just for today but the future, since land use can always change down the road.

"An easement is a sale in a sense, but the company is just buying a limited interest in your land. You are going to have to deal with each other for a very long time," Braunstein said.

The landowners at Tuesday's meeting, most of whom farm their acreage, or have tenants who do, had many specific questions about how the pipeline will be routed under their tiling systems. The attorneys said they recommend the line run five feet below the surface.

One homeowner who isn't a farmer asked if the company would be amenable to altering the line's route across her property, but the attorneys were skeptical.

While easements traditionally compensate landowners for the use of their land, as well as any damage to adjacent acreage, the issue of compensation grows trickier when the pipeline stays on a neighbor's property, they said.

"Most of you are farmers, but if you have a 100-foot lot and that pipeline goes behind your house, it still kills the value of your house. You should be compensated for that," Goldman said.

"It doesn't seem fair, it doesn't seem right, but it's the law," Braunstein said.

Eminent domain is a legal process whereby a governmental agency can expropriate private land for public use against the wishes of the landowner, and is spelled out in the bottom half of the U.S. Constitution's Fifth Amendment.

If residents of Crawford and Richland counties aren't already familiar with it, they will be soon. There are at least four other proposed natural gas pipelines, in various exploratory stages, that could be routed through this area.

TransCanada is very early in the process of possibly extending a pipeline that would enter Crawford County near the Morrow County village of Iberia. That company has yet to make a preliminary filing with the Federal Energy Regulatory Commission for the proposed project.

"You're right to be concerned. The way the federal EPA works is if there's already a pipeline here then another one won't hurt. It's a faulty theory, but that's what may happen to you. This is a corridor," Braunstein said.

thill3@nncogannett.com

419-521-7283

Twitter: @ToddHillMNJ