In this video, Attorney Philip Hundl explains how landowners can compare the pipeline construction staking they see on their land with the plats of showing the pipeline easement to ensure that the easement reflects the actual location of the pipeline. Call or text 800-266-4870 for an appointment with Mr. Hundl by phone, online video conference or in-person.
Summary of the Pipeline Construction Staking Video
Hi, I’m Philip Hundl and I’m an attorney who focuses on land litigation and condemnation on the side of landowners. I’m on site at an area that is going to be a gas pipeline. It’s a 36-inch line that’s going to be put in the ground here, and they’ve done the construction staking.
Different phases of the condemnation process could have happened or different situations could have happened for this pipeline construction staking to take place. The landowner could have sign an easement agreement with a pipeline company. The other situation is that the pipeline company has gone through the special commissioners hearing and an award has been issued. The award’s been deposited and the pipeline company has received a writ of possession to take possession of the easement.
Consider Hiring a Surveyor to Ensure the Pipeline Construction Staking Is Correct
So it’s really important under either scenario for the landowner and the lawyer for the landowner to look at the the attached plats to the lawsuit or to the easement agreement that’s been agreed upon, and make sure that the pipeline staking matches what the plats say. Sometimes that’s a little difficult because the plats are black and white, and not overlaid over an aerial.
So it may be important to have a surveyor come out and confirm that the route is correct. The surveyor can confirm that the staking matches what has been agreed to under the easement agreement, or the placement specified in the pipeline company’s petition.
Markings and Flags Identify the Function of the Stakes
So, what we’re looking at here is a stake and if you can, zoom up a little bit on the stake. It’s got some identification of the stake, but the CL, most of the time is going to mean center line of the pipeline. So on your easement agreement plat there’s an indication of the center line of the pipeline, and this stake is indicating the center line of the pipeline here on the property.
Now I’d like to move over here, and we’re going to look at the beginning of the temporary workspace. We see that the TWS or temporary workspace is marked. As you can see, it’s the way the stake is shaped as well. It’s marking a corner of the temporary workspace.
Then as we go further we see another boundary of the temporary workspace. So they’ve marked out the boundaries of the temporary workspace.
You can see we’ve got other markings — they flagged it. In this situation, they’ll use different colors, but here the white is marking the temporary workspace outer boundary. The pink stakes or pink flags on the stakes that are indicating the center line.
Okay, so once again, if you’re a landowner who is affected by a pipeline, you should compare the plat to the stakes on the ground before construction begins. If the platted location of the pipeline is different from the staked location of the pipeline, you or your attorney should contact the pipeline company to have the situation corrected.
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