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Re: Bluegrass Pipeline Advice needed


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Posted by Janicholson on July 03, 2013 at 05:55:08 from (74.60.94.18):

In Reply to: Bluegrass Pipeline Advice needed posted by JD Farmer on July 03, 2013 at 04:40:19:

Do not let construction start until payment is made or lawyer group is satisfied, join them. Assure the wording that crop and your land access limitations will be covered as appropriate. (If you are limited by their construction from getting to acreage, it is a cost to you. Assure in writing that they must rebuild fencing to new condition of the same type. Assure that equipment stays on their construction right-of-way (Which may be substantially wider than the easement), and is not driven off onto your land. If they do, claim the damage and take images.!!
Assure that the top soil will be stripped off and stock piled, and that the subgrade will be put back and compacted to prior levels of permeability then recovered with the top soil.
Condemnation and Imminent Domain practices are not in your best interest.
Get in writing that spill related damages and cleanup will be covered in perpetuity (including the necessary cleanup and salvage upon abandoning the line in the future)
Be careful to note in writing that damages associated with vehicles operating on the easement (not construction right-of-way). They will have wording indicating their right to travel on your property to inspect/repair.
Make a distinction between the company of record, and the construction contractor. They will not be the same, complaining to one is not the same as complaining to the other. Assure that the construction contractor has signed off on the land use requirements stated above such that they cannot claim lack of information.
I have pretty dramatic experience in this context. Jim


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