# Enbridge Pipeline-Need help please!



## Lonesomelov (Jul 14, 2009)

My husband and I recently bought a home with an old Arco pipeline through it. It was laid in 1952. We found out through research that Enbridge has purchased it and it is active. Today due to having surveyors show up unannounced on our property that Enbridge is building an additional pipeline through our land at least 50 ft from the other one. Through an email I was able to get ahold of some management people in Okla. City and long story short, two men from Enbridge are meeting with my husband and I tomorrow morning at 10 am at our home. 

They said they will offer compensation, loss of income (we hay the field) and repair any damages. We have never been in this situation and don't know what to expect. I have been told that we have to suck it up and don't make them mad or they will take it by eminent domain and we won't get as much. 

The new line will be 4 ft deep and 36 inches in diameter and will run crude oil. It will run from Oklahome to St. Louis where the refinery is.

If they lay the pipe 50 ft. north, they will hit my neighbors new barn. If they run it 50 ft. south, they will hit my septic tank and lateral field and be about 30 ft from our home. 

What questions should we ask these guys? Do they have a formula for figuring compensation? The part of our acreage in question is mainly pasture with small woods. 

Our home was a foreclosure and had sat empty for a year and a half. They told me today that they had permission because they called the old owner in Feb of this year and he said it was okay!


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## Bluesgal (Jun 17, 2011)

Meet with them but comitt to nothing. Tell them you will consider their presentation and get back to them. Then, have a lawyer review the easement to confirm what they can or can't legally do.


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## Helena (May 10, 2002)

Another thing..who owns the mineral rights to your place ?? I know a pipe line is different than gas mineral rights but check into that also...As for compensation..they have an amount they will pay you and not too much more..so no use asking for the moon and stars in $$ for this. A lawyer will help you with this in your local area. I think they have to be so far...from your home..I know they have to be with electric lines etc..Ask as many questions that you can think of and check with the lawyer. Once they lay the new pipe line I would think you would not even know it is there with only some "lumps" in the ground. I wish you luck but you needn't make any quick decesions...ask questions and get some more info and advice. Good Luck and let us know how things are going..


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## texican (Oct 4, 2003)

I'd ask for $500/rod (16.5').... last big pipeline job around here brought that.

If they were going thru a hay meadow, I'd ask for a years worth of hay, that could be grown on that spoiled land, as compensation. In a few months, you'll not notice it. I'd require an addendum for future damages... they'll have rights to access the line whenever they want, but damaging crops requires payment.

Point out where your septics are, and require a new system/leach field be installed, if they go through it.


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## vicker (Jul 11, 2003)

Google search it. There is a great, downloadable book on surface owners rights. I can't remember the name off hand, but its out there. If they already have the right of way, you may have less leverage. But, I don't know. NOW is the time for YOU to find out and define the playing field and the game rules. Knowledge is power. they want to make you happy, and you want top dollar. If they are expanding on their right of way, they will probably be exceeding the old right of way. You kinda have them by the gonads. It ain't useless hay field, it's your hay field, and they want to buy what you don't want to sell.

ps don't believe a word they tell you and expect that they will be friendly as all get out. If they are tearing up the old pipe, ask if you can keep it. Got any bulldozer work you want done? A small pond dug?
don't sign anything till you have an attorney look at it. My sister bought 35 acres in wv a few years ago, and then Dominion wanted a 20ft right of way down one edge. They paid almost 1/2 the price of the entire 35 acres.


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## vicker (Jul 11, 2003)

By the way, they got their money but the pipeline fell through because one fellow would not sell. Don't let them sweet talk you or strong arm you. Find out your rights, and get everything you can from them.


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## Narshalla (Sep 11, 2008)

Some thought on this part:



> Our home was a foreclosure and had sat empty for a year and a half. They told me today that they had permission because they called the old owner in Feb of this year and he said it was okay!



Make sure to point out to them that the last owner was the bank . . . who would have insisted that they buy the property, and would not have given them permission otherwise. (They know this.)

The person who owned it before the foreclosure had no more rights than the neighbor, someone down the street, or me, when it comes to giving permission to build. (And they know this.)

Unless they got permission in writing (and they didn't,) then it doesn't count. Nothing that was agreed to is valid unless it's in the final, legal document that is signed by all parties. (They know this, too.)

Also, be as polite as humanly possible. And, it is entirely possible to be very, very polite and still tell someone to go pound sand.

Your best bet is to hear what they have to say, get it in writing (if possible,) run it by a lawyer, and _then_ make a decision.

Do not make a decision right then, even if they offer you everything you've ever wanted.

They do not need an answer right now, because they will be negotiating with everyone about everything for a long time; landowners are the easy part, local government regulations are a lot worse and will take longer. (You guessed it, they know this.)

Get everything in writing, because most verbal agreements are only worth the paper they are written on.

They know everything I've written here; it's all true, but they will try to sell you that used car, anyways.


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## wwubben (Oct 13, 2004)

I would not meet with them without my lawyer present.


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## sevenmmm (Mar 1, 2011)

I wonder if they would consider buying the whole property?


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## tinknal (May 21, 2004)

I would also talk with your neighbors and find out what kind of deals they are getting.


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## Harry Chickpea (Dec 19, 2008)

Just so that you are aware - pipelines can have problems. When we go to town we pass a place where there was a pipeline break three years ago. Xylene leaked out and the remediation has continued off and on for that entire time. The latest we saw was an area about the size of three Olympic swimming pools being completely excavated and new dirt being trucked in.


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## Tiempo (May 22, 2008)

An Enbridge pipeline leak has been a BIG deal around here lately.

http://www.lansingstatejournal.com/apps/pbcs.dll/article?AID=2012304180037


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## Lonesomelov (Jul 14, 2009)

Well they came and went, the want to take 1.5 acres and pay $5K an acre. They want to take our entire woods and an undefined easement forever.
The new pipeline will require 145 feet total, 70 of which is temp work space.
I asked for diminished value and they said it is already diminished since you have a pipeline already in place. 
They will pay 250% towards the hay crop, but said they will not pay for the trees.
Also want to put a gate up so they don't have to access through our driveway. 
They swore their pipeline was super safe and I mentioned the trouble they are having right now with the Pontiac to Patoka line and that made them mad that we knew about it. 
Needless to say we aren't happy.
Ya'lls thoughts?


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## fantasymaker (Aug 28, 2005)

They are going to write you a bad check.
Guess how I know?
In my case I EVENTAULLY gave them 4020feet of easement for $78,000. But couldn't clear the check.
Here is what they will do . They will write the check to you but put a hold on it at their bank till they decide they want it to clear.
So IF you decide to settle with them clearly write "Easement null and void if check fails to be paid this date any monies eventually collected to be retained by the seller for their inconvenience. " Then Go DIRECTLY to their bank. Seems like it was a Bank of America.
Id keep doing that till it paid. Take your $XXX.XX bucks in cash and call them up and say hey your easement is null and void wanna try again?


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## farmmom (Jan 4, 2009)

The presence of this pipeline, any easements, and the owner of it should have been included in disclosures. If not, you may have legal recourse.


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## texican (Oct 4, 2003)

sevenmmm said:


> I wonder if they would consider buying the whole property?


Highly doubtful. What do they want surface estate for? They'd have to pay double taxes then... surface estate taxes and pipeline taxes. Yes, they pay property taxes on those subsurface pipelines.

If the previous owners granted a ROW, you're SOL. If you got title insurance, this should be in your policy. If the paperwork isn't filed, it's not legal... Most ROW's I've dealt with involve existing ROW's... if they want to install a new line 'off' of the existing ROW, they need another conveyance. IF they want to work on the existing ROW, they pay damages. You 'can' (I've done this) be a hard case, and demand they not 'wander' an inch off the existing ROW, and not access your roads, getting to their ROW (make them drive their heavy equipment miles and miles from the nearest public access road, and real quick, they'll get 'nice'.) I had a pond dug the last time they traveled down one of my pipeline ROW's.


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## fantasymaker (Aug 28, 2005)

Lonesomelov said:


> but said they will not pay for the trees.
> Also want to put a gate up so they don't have to access through our driveway.


 THEY LIED!
They paid for my trees and the CRP payment for taking them out of CRP and they paid for New fence and gates where there hadn't been one.

I figgered as soon as the local 4 wheelers saw that straight path through the brush and trees it would turn into the new access trail to my Field.So a fence was part of the deal.

Originally they offered $14,000 if that helps you out any.


Another weird thing I was the LAST check they wrote in this area my neighbor who's place is a mirror image of mine was following exactly in my foot steps bu every thing was a day later. 20 minutes after he wrote the check the R-O-W agent disappeared and no one around here has been in touch with him since.


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## Lonesomelov (Jul 14, 2009)

Sorry, I was wrong...it is 507 linear feet. Our problem is they are going to drop a 50 yr stand of hard wood and Poplar trees. That is our northwest windbreak for the house that those trees provide. This is an entirely new ROW, they are not going to touch the old pipeline at all. They said they didn't want to damage it in any way.


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## fantasymaker (Aug 28, 2005)

They will tell you that they can just take it but chances are they pretty well want to build a NEW pipeline. DONT worry about Eminent Domain they didn't get it here and they may wind up paying a LOT more for the property that way.


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## Lonesomelov (Jul 14, 2009)

Fantasy,
The guy said they have already gotten permission from the Gov. of Missouri to take our lands. I told him by the time they started building we would have a new governor.


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## fantasymaker (Aug 28, 2005)

If that stand of trees is a fairly narrow THEY CAN work around it but wont want to. That 145 feet is handy for them . But truth be told the don't have to have any more than the width of the pipe and the side cat. Say 15 feet for just a bit through the tree row.. 
INFACT if they have to they don't really even need that they can bore under.


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## fantasymaker (Aug 28, 2005)

Lonesomelov said:


> Fantasy,
> The guy said they have already gotten permission from the Gov. of Missouri to take our lands. I told him by the time they started building we would have a new governor.


LOL Did you tell them the land didn't belong to the Governor?


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## Lonesomelov (Jul 14, 2009)

They did say that the state is making them bore under the roads and mentioned that we would get monies for that.


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## fantasymaker (Aug 28, 2005)

Would it be in the least bit reasonable for them to go around? Like if there is a open cropfeild just a few feet away?


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## fantasymaker (Aug 28, 2005)

Would you really WANT them to go around? For instance if the pipe could be on the neighbors but still next to my place Id just as soon have the money since a few feet difference wouldnt change my worries.


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## fantasymaker (Aug 28, 2005)

Did you work out How much they were going to pay for access for preliminary work for the NEW pipeline. Seems like they owe you for at least on incurtion by sureveyers already......You see they dont need to survey the OLD line so that ROW agreement shouldnt cover sureveys for the new one.


*EMBRIDGE* Was the company I delt with.


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## vicker (Jul 11, 2003)

They paid my sister for the trees and were going to allow her to keep them once cut. Of course, they ended up not cutting them.


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## SteveD(TX) (May 14, 2002)

The amount they should pay you will probably vary between 50% and 100% of the value of the land on a per acre basis, plus they must pay damages to the remainder after the acquisition. Don't expect much for trees unless they represent all or most of the trees you have. If the easement is old and is a "blanket easement" beware - they may technically have the right to move that pipeline or place a new pipeline anywhere on your land that they want to. But they probably won't at least not without compensation.

For years I owned land with an old crude oil pipeline easement that cut through a couple of acres at one corner (built in 1932 and still active). I was allowed to put up a gate and fence as long as I supplied their agent with a key. Never had any problems but they did get a little nervous when I had a D8 dozer working over and across it for a couple of days.


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## fordy (Sep 13, 2003)

Lonesomelov said:


> My husband and I recently bought a home with an old Arco pipeline through it. It was laid in 1952. We found out through research that Enbridge has purchased it and it is active. Today due to having surveyors show up unannounced on our property that Enbridge is building an additional pipeline through our land at least 50 ft from the other one. Through an email I was able to get ahold of some management people in Okla. City and long story short, two men from Enbridge are meeting with my husband and I tomorrow morning at 10 am at our home.
> 
> They said they will offer compensation, loss of income (we hay the field) and repair any damages. We have never been in this situation and don't know what to expect. I have been told that we have to suck it up and don't make them mad or they will take it by eminent domain and we won't get as much.
> 
> ...


...................Ask them what happens when their pipeline catches fire and blows Up when it's 30 feet from your home ? I can tell you , nothing within 200 foot will be left alive ! I'd point out that your property will loose market value with a pipeline that close ! You probably should consult with an attorney before reaching any signed settlement agreement with these right of way agents . Make them put their full agreement in writing and then take that document too your lawyer !!!!! , fordy


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## Lonesomelov (Jul 14, 2009)

They are calling this particular pipeline the Flanagan South Project.

We have already retained counsel to go over the documents when we receive them.

I appreciate everyone's input...makes me feel like I am not alone;I have an invisible posse backing me up!


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## tinknal (May 21, 2004)

fordy said:


> ...................Ask them what happens when their pipeline catches fire and blows Up when it's 30 feet from your home ?:


Underground crude oil pipelines do not "blow up".


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## arabian knight (Dec 19, 2005)

tinknal said:


> Underground crude oil pipelines do not "blow up".


And lets see now. How many miles of pipelines to we have in the USA. I do believe it is somewhere win the area of 600,000 MILES.
And just how many in all these YEARS and I do mean YEARS have had Major Problems? LOL 
Yes Pipelines is the BEST way to get many things around this huge country. NG, OIL, and a virility of other things as well. They are Safe. Not 100% NOTHING IS. But a while lot safer then many other methods.


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## tinknal (May 21, 2004)

I certainly am more concerned driving in traffic with gasoline tankers than living on land with a pipeline running under it.


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## Mike in Ohio (Oct 29, 2002)

A few thoughts:

1) You need to determine if they have any rights under the old easement/ROW or if this is something totally new. The answer will have an impact on how you decide to approach things and what your rights are.

2) It doesn't matter what they say the "old owner" said about anything if they don't have it in writing. When they make this claim, ask them to show you the written permission.

3) It doesn't matter what the Governor says about eminent domain, this is up to the courts. The state may be willing to go forward but it is the court that decides the outcome.

4) Speak with your neighbors (and not jsut your immediate ones) that are potentially having this go through.

5) Keep your lawyer apprised and engaged. 

6) Make notes about everything that is said or done. Name names, times and dates. Make these notes at the time of the event or as soon after as possible. You might even consider asking the land agent if you can videotape the conversation (see how quickly they say no).

7) Think about what your goals are and how you might negotiate to achieve them.

8) If the pipeline is going that close to your house speak with your mortgage lender and insurance company to see what impacts might occur with regard to cost of insurance or mortgage covenants.

9) If you are agreeing to the pipeline going in, make sure you have it in writing that they will double ditch (seperate the top soil from the subsoil and replace accordingly), put the pipe in with a minimum depth of 48 inches (so that you can plow your field without worry), no surface rights (pump stations, etc), gates with double locks and they are responsible for any damage if gates are left open. Make sure there are clauses that make clear what they can or can't do for clearing their ROW.

Just remember that you have to live with them for as long as you or your heirs are around. I just told representatives of Chesapeake that they could not walk our land for flagging a potential gas collection pipeline that has nothing to do with our property. I figure they are offering less than hunting rights are worth over a 10 year period and they get the ROW FOREVER!

We do have a pipeline from Northcoast Energy that went in 2003 per an agreement from before we owned the land.

Hope this helps.

Mike


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## fordy (Sep 13, 2003)

tinknal said:


> Underground crude oil pipelines do not "blow up".



...............A 36" pipeline can carry a multiplicity of products , most of which are flammable ! They came pump whatever they please through their pipeline ! , fordy


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## tinknal (May 21, 2004)

fordy said:


> ...............A 36" pipeline can carry a multiplicity of products , most of which are flammable ! They came pump whatever they please through their pipeline ! , fordy


The OP said "crude oil". I doubt that they are going to be switching products in a 36" pipeline.


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## arabian knight (Dec 19, 2005)

Ya really as crude would be coating the inside of the pipe they are not going to switch back and forth from one kind of fluid then back again. Just don't happen.


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## SteveD(TX) (May 14, 2002)

arabian knight said:


> Ya really as crude would be coating the inside of the pipe they are not going to switch back and forth from one kind of fluid then back again. Just don't happen.


True. The pipeline that is on the property I owned was constructed in 1933. Crude itself if not volatile and won't explode. Refined petroleum and natural pipelines are built to different specifications. I once appraised an apartment complex next to a huge Air Force Base that had jet fuel pipelines running underneath the parking lot. Now THAT is something to think about.


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## fantasymaker (Aug 28, 2005)

In the case of the pipeline here there was one lawyer along the line that took a very active stance. He had organisational meetings along the line. I think it made a lot of difference.
I went to ll the Embridge meetings The food was good and it gave me a chance to meet the people buying R O W rights.
I got to know them personally . I think the reason they settled with me at a higher rate was they knew I had experience in real estate for the government and that lots of other people knew me and were asking me questions. Yep the squeaky wheel.


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## fantasymaker (Aug 28, 2005)

The pipeline across me has carried many different products over the years and sometimes from day to day. Its not unusual at all to run changing petroleum products from day to day . Often they don't even run a pig to separate them.


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## Lonesomelov (Jul 14, 2009)

Well here is the update. My husband and I were the last ones to sign in Missouri, it took a year to negotiate a contract. We feel we did well in the contract, better than all our neighbors, which didn't leave them happy with us. It has been a nightmare but two weeks ago today was their last day on the property. They are done and all the contractors have bugged out to Oklahoma to finish the project. 

Last night, my husband and I were served with a lawsuit from Enbridge for breach of contract. They want $75K. Now what?


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## Darren (May 10, 2002)

There's a large pipeline that crosses the place along one boundary. The previous owners got a lump sum payment of $5,000 for about a 1,000' stretch when the old pipeline was replaced. They also got about 100' of the old 16" pipe that was removed.

Good luck on getting a decent hay crop near the excavation. Lots of subsoil ends up on top. For some reason sycamore trees volunteered over the pipeline later. The pipeliners must have inadvertently spread seeds because they sprouted in places where sycamore normally didn't grow.

I was not happy when they sprayed herbicide years later to kill the trees. It had already happened by the time I spotted the spray rig. Fortunately the wind normally blows away from the bird pens.


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## wwubben (Oct 13, 2004)

Head straight to your lawyers office as fast as you can.Get all the paperwork involved with this lined up.


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## copperkid3 (Mar 18, 2005)

Counter-sue to the amount of $750,000 + court costs, for a frivolous lawsuit . . .

They've decided to 'punish' you for being the last hold-outs.

Let your attorney "suggest" to them, that you might be willing
to settle for half that amount, if the former lawsuit goes away . . .


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## wr (Aug 10, 2003)

Do they indicate a reason they believe you were in breach of contract?


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## Darren (May 10, 2002)

Lonesomelov said:


> Well here is the update. My husband and I were the last ones to sign in Missouri, it took a year to negotiate a contract. We feel we did well in the contract, better than all our neighbors, which didn't leave them happy with us. It has been a nightmare but two weeks ago today was their last day on the property. They are done and all the contractors have bugged out to Oklahoma to finish the project.
> 
> Last night, my husband and I were served with a lawsuit from Enbridge for breach of contract. They want $75K. Now what?


Are they suing you in federal or state court? Was a state jurisdiction mentioned in the contract?


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## Lonesomelov (Jul 14, 2009)

They did not list any reasons for the breach just said they have a right to build, bury and maintain their pipeline which we do not disagree with and they in fact have done. So we are at a loss. 

It is the United States District Court for the Western District of Missouri. It says it is a civil action, they are asking for mediation and a jury trial???


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## where I want to (Oct 28, 2008)

What they say may not be true but a scare tactic. They are obviously not your friend. I normally will slog through legal matters myself as most civil codes are on line now. But in this case I would get me to a lawyer asap.


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## fordy (Sep 13, 2003)

Lonesomelov said:


> They did not list any reasons for the breach just said they have a right to build, bury and maintain their pipeline which we do not disagree with and they in fact have done. So we are at a loss.
> 
> It is the United States District Court for the Western District of Missouri. It says it is a civil action, they are asking for mediation and a jury trial???


 ...................They settled with you so they could initiate construction , now , they can file a suit against you to (try) and renogiate some terms of the agreement that seems to have put a wad in their knickers ! , fordy


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## Darren (May 10, 2002)

$75K is more than the $50K needed for a federal lawsuit. Plus they may have diversity on their side. Is their corp office in some other state than Missouri? You can often check the secretary of state's office for the business filings to determine if a corp is domestic or foreign (from another state). 

Does the paperwork you signed say which states laws will govern? If your lawyer, or you, can prove less than $50K worth of damages you may get it thrown out of federal court. They had to file something with the court. You need to get the filing.

Companies can always bleed the little guy via lawyers. The little guy can sometimes be such a PITA, even a company lawyer doesn't want to deal with the pain. Misery loves company. Have they sued anyone else in Missouri. There's a slight chance you may be able to get the Missouri attorney general to intervene, if there's substantial evidence of wrong doing on their part. Normally an AG only represents state agencies.

You'll have to play the angles on this unless you have the money to match them in attorney fees. Have they sent you any certified letters concerning problems? Normally to resolve an issue you don't go full blown federal from the git go. You start with phone calls and letters.


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## fordy (Sep 13, 2003)

Lonesomelov said:


> They did not list any reasons for the breach just said they have a right to build, bury and maintain their pipeline which we do not disagree with and they in fact have done. So we are at a loss.
> 
> It is the United States District Court for the Western District of Missouri. It says it is a civil action, they are asking for mediation and a jury trial???


 .............They'll want mediation , first , I'd think ! A jury trial (with some jurors who have had their property rights stolen by Enbridge?) can turn into a complete fiasco for them . , fordy


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## Lonesomelov (Jul 14, 2009)

Well our theory is this. They filed on April 2, so just a few days ago. No certified letters, nothing. When they left they left a spot about 8 ft in diameter and it is very wet there now. It never was before. Also, they didn't put the contour of our land back as original, per our contract. My husband and I tried to get them, by email and phone to fix it. When they didn't, my husband called the EPA because he is worried about the wet spot. My husband thinks this may be revenge on their part for him calling the EPA, who contacted us saying they were investigating.


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## Darren (May 10, 2002)

Legally a construction project is best served by having a diary that's updated every day. The pipeline crew should have kept one. There's no law that says they have to. It's a case of if it didn't get written down, it didn't happen. The diary should also be hard bound and written in ink to ensure integrity. Not doing that can get it challenged in court.

That info won't help you now. Keep it in mind if you retain a lawyer. The diary should be on the list of documents to be subpoenaed. Also ask for a copy of the contractor's progress reports, invoices, emails, OSHA logs, written correspondence, job site procedures, inspection reports especially from consulting companies, phone logs, etc. 

By filing a lawsuit they provided you with an opportunity along with governmental agencies that might like a peek. I once got some confidential documents from a phone company that their lawyers spent well over an hour convincing the judge should not be a part of the public record. What I got wasn't embarassing. What you have the opportunity to get could be much more than embarrassing. It could result in significant losses for Enbridge depending on a lot of factors.

You want someone in Enbridge to realize you could end up as an infinite degree Excedrin headache.

When we finally got a hearing there were seven lawyers in the room. Five of them were not happy. The two on our side had a great day.


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## wr (Aug 10, 2003)

Lonesomelov said:


> Well our theory is this. They filed on April 2, so just a few days ago. No certified letters, nothing. When they left they left a spot about 8 ft in diameter and it is very wet there now. It never was before. Also, they didn't put the contour of our land back as original, per our contract. My husband and I tried to get them, by email and phone to fix it. When they didn't, my husband called the EPA because he is worried about the wet spot. My husband thinks this may be revenge on their part for him calling the EPA, who contacted us saying they were investigating.



Laws are different in the US so may question may be based on our legal system but do they not have to establish a defined reason for the stated breach of contract? 

You might want to review your contract and consult with a lawyer immediately.


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## Darren (May 10, 2002)

That brings up another point, did the land owner breach the contract by attempting to use a government agency to resolve an issue when the contract defined the process by which conflicts were to be resolved.


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## copperkid3 (Mar 18, 2005)

Darren said:


> That brings up another point, did the land owner breach the contract by attempting to use a government agency to resolve an issue when the contract defined the process by which conflicts were to be resolved.


+ + + + + + 
And may very well be the 'reason' for the lawsuit as well.

It will likely come down to what a jury determines is

"a reasonable amount of time," in most people's minds,

for a company to get around to responding to the defendants

claim of restoring the land to its' former contours & condition.

And since they've been 'playing' this game a lot longer . . .

there may be something in the fine print, that they ONLY respond 

to complaints via registered or certified mail; not emails or phone calls.


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## Tiempo (May 22, 2008)

> Is their corp office in some other state than Missouri?


Enbridge is Canadian, HQ is in Alberta I think


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## Lonesomelov (Jul 14, 2009)

They are a Canadian company, but have a US headquarters in Texas.


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## Solar Geek (Mar 14, 2014)

Question for you.
Were you and DH worried "product" from the pipeline was leaking and causing the wetness?

If so, you may be within your rights to report to EPA/State DNR as a spill/wetness - see following document. Did you report to Fed. EPA or State environmental agency?

http://www.dnr.mo.gov/env/hwp/docs/eertankconf.pdf 

Pg 17 and around there discuss 'release reporting'.

While you are not the responsible party as they define it, I have never heard of a contract provision overriding the duty to report leaking/release of any potentially hazardous substances. 

Helpful info on your pipeline- you may have this already.

http://www.moenviron.org/index.php/program-areas/clean-water-program/tar-sands-pipeline-enbridge

AND THIS even tho it is for N. Dakota, really is helpful spelling out risks, your duties, rights (in general - would have to see what you gave away in your contract) and what to do.
https://puc.sd.gov/commission/pipelinesafety/landownersguide.pdf

Ok hope this helps.


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## Solar Geek (Mar 14, 2014)

And, boy, this pipeline company and what they did elsewhere is very scary. 

https://www.stlbeacon.org/#!/content/32143/flanagan_south_enbridge


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## wr (Aug 10, 2003)

Solar Geek said:


> And, boy, this pipeline company and what they did elsewhere is very scary.
> 
> https://www.stlbeacon.org/#!/content/32143/flanagan_south_enbridge



Was the damaged old line or an existing new construct? Enbridge has a long history of growth based on purchasing assets from other companies and that doesn't always work well because of existing corrosion and lax regulations in the US.


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## Lonesomelov (Jul 14, 2009)

This is new pipeline laid alongside an existing one laid in 1952.


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## wr (Aug 10, 2003)

Lonesomelov said:


> This is new pipeline laid alongside an existing one laid in 1952.



Thanks. I was more referring to the link to the article that lacked sufficient information on a leak. 

In your case, you need to have a lawyer review your contract for anything that may be considered a breach of contract. Document the amount of times you tried to contact Enbridge or their contractor prior to calling the EPA, document EPA findings etc and keep records of any calls or contacts regarding this issue as they arise. Make sure you have photos of the wet area as well.


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## Molly Mckee (Jul 8, 2006)

When we lived in the Houston area we had a gas pipeline running through our pasture. I noticed it leaking one morning. They had their people on site in about 15 minutes, by helicopter. I don't know how long you gave them, but I think they should have responded pretty quickly.


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## fordy (Sep 13, 2003)

Lonesomelov said:


> This is new pipeline laid alongside an existing one laid in 1952.



................How much distance do you have between the pipeline(s) and your home and out buildings ? Three years previous , a coring rig was drilling a 48 inch diameter hole for a 100' tall tower to string a power line on ! The power line crossed a 36 inch diameter natural gas pipeline , the flags demarcating the pipeline were not correct , consequently the driller drilled directly into the pipeline and set off a thermo nucleur explosion , it blew the 120,000 lb. rig 100 feet away from the hole . Unbelievable energy in natural gas , they found the driller 2 hours after the explosion . There were pieces of equipment some distance away from the blast that caught on fire due to the intensity of the heat . That is why I asked about your home relative to the pipeline .


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## Darren (May 10, 2002)

I wouldn't worry about a wet spot near a pipeline. A spot where all the vegetation is dead is a big concern.


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## Lonesomelov (Jul 14, 2009)

Update: The lawsuit has been officially dropped. We just received papers in the mail. We did not countersue, couldn't afford it. Nearly bankrupt us fighting them and I have gone back to work to rebuild our funds. Anyway, they lost requests for restraining orders and everything because they had no evidence and pretty much lied about everything. It was pretty awesome to stand in front of a federal judge and watch him go off on Enbridge attorneys. We are still out our attorney fees.


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## AmericanStand (Jul 29, 2014)

Lonesomelov said:


> We did not countersue, couldn't afford it. Nearly bankrupt us fighting them and I have gone back to work to rebuild our funds..


Didn't you get a substantal payment from Embridge?


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## fordy (Sep 13, 2003)

Lonesomelov said:


> My husband and I recently bought a home with an old Arco pipeline through it. It was laid in 1952. We found out through research that Enbridge has purchased it and it is active. Today due to having surveyors show up unannounced on our property that Enbridge is building an additional pipeline through our land at least 50 ft from the other one. Through an email I was able to get ahold of some management people in Okla. City and long story short, two men from Enbridge are meeting with my husband and I tomorrow morning at 10 am at our home.
> 
> They said they will offer compensation, loss of income (we hay the field) and repair any damages. We have never been in this situation and don't know what to expect. I have been told that we have to suck it up and don't make them mad or they will take it by eminent domain and we won't get as much.
> 
> ...


 ..............Ask them IF they have your attorney's phone number ? , fordy


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## Danaus29 (Sep 12, 2005)

Since the federal judge went off on the Embridge attorneys, what does your attorney think about you filing a lawsuit for harassment? You might be able to get your fees and something for your time.


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## Awnry Abe (Mar 21, 2012)

Glad to hear the great news! And thanks for the update. I thought of your trial many times as I drove across the pipeline each day to & from work. You no doubt have a scar on your land that has been slowly healing this year, now you and hubs can let the scar on your nerves & soul heal.


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