The Federal Energy Regulatory Commission (FERC) requires National Fuel to provide a brief summary of your rights at FERC and in the proceedings under the eminent domain rules of your state. The following summaries should not be construed as legal advice, but only as brief descriptions for this limited purpose. If you have questions about your rights, you should discuss them with an attorney of your choice.
Company representatives have contacted landowners to request permission to survey properties along the proposed pipeline route and to conduct environmental, civil and archaeological surveys. These surveys provided both National Fuel and the landowners with the data needed to determine the most suitable route for this pipeline project. Factors used in making this determination include but are not limited to environmental or archeological sensitivity, the presence of threatened and endangered species, pipeline engineering and constructability issues, site conditions (including locations of buildings, drain tiles, wells and other natural and manmade features), geological conditions and cost.
Upon completion of these studies, National Fuel began contacting landowners along the preferred route to acquire rights-of-way where the new pipeline will be constructed. A right-of-way is an agreement by which a property owner grants permission to the company to use a defined portion of his or her property to install, operate and maintain the pipeline facilities. The rights acquired will be for a permanent 50-foot easement along the pipeline corridor, plus additional temporary work space as required to safely construct the new pipeline and to perform agricultural mitigation.
Right-of-way compensation is based on open market property values, which are established by recent sales of comparable properties in the area. Historically, the presence of a natural gas pipeline, which is buried a minimum of three feet underground, has not reduced property values. Landowners will be compensated for any damage caused by the pipeline construction, including lost agricultural production and timber. In addition, the company is committed to restoring the areas affected during construction to original or better condition and allowing the continued use of the land for agricultural and recreational purposes.