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Landowners, lawyers talk about projected pipeline September 5, 2014

By John Montgomery Focus Reporter BLOOMDALE — Eminent domain attorneys William Goldman and Michael Braunstein met Wednesday with dozens of property owners Getting some information: Landowner Jeff to discuss their Casey (far right) talks with eminent domain rights concerning lawyers Michael Braunstein (center) and the ET Rover William Goldman during Wednesday’s informational meeting about the projected Pipeline project.

ET Rover Pipeline. Photo by John The pipeline will transport Montgomery pressurized natural gas in a 42-inch-diameter pipe. The pipeline’s proposed path stretches roughly 600 miles across Ohio and Michigan.

The Ohio portion includes large sections of Seneca and Wood Counties, as well as a small corner of northeast Hancock County. The area involves property around Fostoria, as well as Bloomdale.

While state and federal statutes allows survey crews onto the properties, Goldman and Braunstein said the pipeline company does not have the right to decide everything about the process.

“Ultimately, they have the right to be on your property and to survey,” Goldman said. “What we’ve been able to do is slow the process and make it reasonable.”

The lawyers said the Goldman & Braunstein firm will work with ET Rover attorneys to draft reasonable survey and easement agreements for property owners who become their clients.

The agreements protect the landowners, Braunstein said, for things such as allowing crossings over the pipeline, the growing of crops and undamaged or repaired drain tiles.

“We will stick with you all through the process, even

after we’ve been paid and after the construction is done, and make sure that the pipeline company lives up to the obligations that they’ve undertaken in the easement,” Braunstein said.

The law firm charges 25 percent of what it obtains for the client above — more than — what the pipeline company offers.

For example, if the pipeline company offered $50 per foot and the law firm was able to negotiate a settlement for an additional $100 per foot, the law firm would receive 25 percent of just the additional amount — $25 per foot. The remaining $125 per foot would go to the landowner.

“We know what we’re doing, we like what we’re doing …,” Goldman said.

“There is strength in numbers,” he said.

Even if a landowner decides not to use his firm, Goldman encouraged those attending the meeting to hire an attorney.

He called having a property owner deal with a company about eminent domain on his/her own an unlevel playing field.

“Eminent domain is a breathtaking experience. With proper counsel, you can get through it and get through it in a very positive manner,” Goldman said.

Naturally, he also said he hopes those who attended the meeting would become his firm’s clients.

“If we can get between the gas company and you, the property owners, we can do amazing things,” Goldman said.

“The easements [provided by ET Rover] you’re being asked to sign or will be asked to sign are not good easements,” he said. “They will give you problems if you try to enforce good work practices during the construction phase, and I promise you, they will diminish the value of your property in the future because there are too many questions that go unanswered in the easements that are being presented.”

Some of those attending the meeting complained

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Landowners, lawyers talk about projected pipeline (continued)

about the land agents acting aggressively, threatening lawsuits if they were kept from immediately going onto the land.

The lawyers said the land agents and company want to move as quickly as possible, but they don’t have the right to just walk onto someone’s land whenever they want.

Braunstein told those in the audience not be intimidated by the phrase “eminent domain” or the land agents coming to their property.

“You’re making a very important decision,” he said.

“It’s not entirely voluntary, that’s true, but if you sign an agreement with these people, that is final.

“Because they’re in a hurry or they tell you they’re in a hurry and ‘we have to have an answer right now,’ their hurry is not your problem,” he said.

“You have the right and the opportunity to take your time,” Braunstein said.

The lawyers said ET Rover has until January to complete the survey, and then file its findings with the Federal Energy Regulation Commission to get the route approved.

One of the provisions of the survey permission slip provided the law firm states a survey cannot occur until after the crop in the field has been harvested.

The lawyers said eminent domain is a lot more fair than people think.

ET Rover has the right under federal and state law to take the property, even if the landowner does not want to sell it. But Braunstein said the eminent domain process contains significant protections for landowners in regard to the timing of everything that occurs and fair compensation for the land.

Braunstein said his law firm can help the landowners obtain just compensation, which means more than just getting paid a per-acre price for the land used.

“In addition to being paid for that, your entitled to be paid for the damage that will be done to your remaining property,” he said.

That is called “damage to the residue” and Braunstein said it often amounts to more than the land actually used for the pipeline.

Even with compensation, the pipeline will make the property on which it sets less desirable, Braunstein said.

There are other damages, he said, such as adversely affecting the development potential of the land — future roadways, availability of utilities, etc. Property owners are entitled to be compensated for that, Braunstein said.

For more information on Ohio pipelines and landowner rights, visit www.ohiopipelineresults.com.

614-229-4512 or 888-231-2554

500 S. Front Street, Suite 1200, Columbus, OH 43215 www.GBlegal.net • www.ohiopipelineresults.com