Pipeline Easement and Accommodation Agreement (For Gas Pipelines on Land in Which Grantor Reserves Coal Rights)
About this form
The Pipeline Easement and Accommodation Agreement is a legal document that grants permission to a gas pipeline company (Grantee) to install and operate pipelines on land owned by another party (Grantor) who reserves the rights to the coal beneath that land. This agreement outlines the terms under which the pipelines will be constructed, maintained, and potentially relocated, ensuring that the rights of both the Grantor, especially regarding coal rights, and the Grantee are clearly defined and respected. Unlike standard easement agreements, this form specifically considers the implications of coal rights ownership on the property.
Key parts of this document
- Identification of Grantor and Grantee, including contact information.
- Detailed description of the property and easement dimensions.
- Terms regarding the rights of way and the construction, maintenance, and removal of pipelines.
- Provisions for damages to crops or property due to pipeline operations.
- Regulations regarding relocation of pipelines in relation to mining operations.
- Indemnification clauses for protecting the Grantor from liability.
When to use this form
This form should be used when a landowner (Grantor) wishes to allow a gas pipeline company (Grantee) to install and maintain pipelines on their property while retaining ownership of the coal rights. It is particularly applicable in situations where mining activities may occur on the same property and conditions need to be specified regarding the interaction between those activities and the pipeline operations. Examples include agricultural lands or private lands within close proximity to mining operations.
Who needs this form
- Landowners who wish to grant easements for gas pipelines on their property.
- Gas pipeline companies needing legal permission to operate on private land.
- Landowners who reserve coal rights but also want to manage pipeline construction and operation.
Steps to complete this form
- Identify the parties involved, clearly naming the Grantor and Grantee.
- Specify the property by providing legal descriptions and details as outlined in the attached exhibits.
- Enter the dimensions and layout of the easement for the pipelines as required in the form.
- Review and agree on the terms regarding rights of way, indemnification, and pipeline relocation.
- Sign and date the agreement in the presence of appropriate witnesses if necessary.
Is notarization required?
This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.
Get your form ready online
Our built-in tools help you complete, sign, share, and store your documents in one place.
Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to provide accurate legal descriptions of the property.
- Not specifying the easement dimensions correctly.
- Overlooking the importance of indemnification clauses.
- Neglecting to consider future coal mining activities and their impact on pipeline operations.
- Not obtaining necessary approvals or consent before transferring rights.
Benefits of using this form online
- Convenience of downloading and printing the form anytime.
- Editability allows for tailored agreements specific to individual circumstances.
- Reliability ensures users have access to well-drafted forms created by licensed attorneys.
Looking for another form?
Form popularity
FAQ
When calculating, one (1) linear rod equals sixteen and one half feet (16.5'). The variations in offers by the pipeline company to different landowners can exceed 500%.
A right-of-way is a strip of land typically about 50 feet wide (depending on location) containing a pipeline or other utility. Many rights-of-way contain more than one underground pipeline or utility and can be wider depending on the number of infrastructure assets within.
Tax Reporting Whoever is paying for the easement will send you a Form 1099 at the end of the year. If you get a 1099-MISC for rental payments, you report the income on Schedule E. For a permanent easement, you get a 1099-S and use Schedule D to report capital gains.
A pipeline easement specifically gives the easement holder the right to build and maintain a pipeline on a landowner's property. It doesn't grant the easement holder actual ownership of the land, just a right to use the land for pipeline purposes.
What is a Pipeline Easement? Generally, an easement is a legal interest that allows someone the right to use another's property for a certain purpose. A pipeline easement specifically gives the easement holder the right to build and maintain a pipeline on a landowner's property.
Typically, they are seeking a zone with the rod merely as the middle. For example, a rod with a 502032 easement zone requires 825 square feet. If an easement is 50 rods long, that is almost an acre. In a recent case, a pipeline company paid some owners $180 per rod and others $767 per rod for the same project.
You are willing to either share in or bear the cost of land maintenance and are now ready to negotiate. Reducing the impact the easement has on the neighbor will help convince him to say yes. Include in the negotiations elements that include his continued use and rights to share that parcel of land with you.
How much money should landowners get when an oil or gas pipeline crosses their land? As it stands, landowners receive a one-time payment roughly based on the length of the pipeline, with rates varying from $5 to $50 per foot or more for a Marcellus or Utica shale pipeline right-of-way agreement.
Easements are treated as a recovery of the basis of the property first, with any excess proceeds treated as capital gain, which is taxed at a lower rate than ordinary income. The basis of property that offsets an easement is limited to the basis of the affected acres or square footage.
