Should a Landowner Provide Property Information to the Right of Way Agent Before Being Required to Do So
Early in the condemnation process, you may be approached by the right or way agent and asked to return a property information sheet. Should you comply? Probably not. Attorney Philip Hundl talks about this request in the video.
Summary of the Easement Property Information Sheet Video
– Hi, my name is Philip Hundl. I’m an attorney with Wadler, Perches, Hundl and Kerlick. My practice area primarily focuses on land litigation, specifically condemnation, representing landowners in condemnation cases.
Something I’d like to talk about. I see lots of landowners being approached by right-of-way agents. And the right-of-way agents, this is early on in the projects, the right-of-way agents are providing the landowner, or requesting that the landowner, spell out a property information sheet.
What’s Requested in the Property Information Sheet?
This property information sheet typically asks for lots of information on the property like the use of the property, and how much income is generated on the property. So it’s usually an in-depth questionnaire on the property.
Other information commonly requested is whether the property is burdened by any easements, or if there are any existing rights of way. Whether the land is in the flood plain might also be requested in the property information sheet. This is all information that the pipeline company, or the right of way agent, probably already has, or can obtain through the public records.
Should Landowners Offer this Information?
I don’t recommend landowners provide this information to the condemnor, to the pipeline company or power line company, until they’re required by law. The landowner is not required to provide this information in the early stages of a condemnation project. So therefore, I do not recommend that the landowner provide this information until necessary.
I’ll include one of these examples, a property information sheet, on the website. Please click here to view.
Once again, I suggest that you have an attorney review any legal documents provided by the pipeline company that you’re asked to sign. I also recommend that you work with an attorney who is familiar with representing landowners in condemnation cases.
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