The Idaho Pipeline Easement and Accommodation Agreement, specifically designed for gas pipelines on land where the granter reserves coal rights, is a comprehensive legal document that outlines the terms and conditions for the construction, maintenance, and operation of gas pipelines on a particular parcel of land. This agreement serves as a vital tool for reconciling the interests and rights of both the pipeline company and the granter who retains the coal rights. The agreement encompasses several crucial aspects, including the grant of easement, accommodation provisions, and various accompanying covenants. The easement grant defines the rights of the pipeline company to access and occupy the granted land for pipeline installation, operation, maintenance, repair, and inspection purposes. It primarily outlines the specific dimensions, limitations, and geographical boundaries of the easement area. Moreover, the accommodation provisions cater to the granter's retained coal rights and ensure that the pipeline's presence does not impede their coal-related activities. This section addresses the granter's rights to use the surface for activities such as the exploration, mining, and extraction of coal. It sets forth provisions that safeguard the granter's access to the coal reserves, specifying requirements for coal mining operations and safety measures to be followed in proximity to the pipeline. Additionally, the Idaho Pipeline Easement and Accommodation Agreement incorporates covenants that outline the responsibilities and obligations of both parties. These covenants encompass provisions relating to indemnification, liability, compliance with laws and regulations, insurance requirements, environmental protection, and dispute resolution mechanisms. It is important to note that although multiple gas pipeline easement agreements exist in Idaho, the specific inclusion of coal rights in the easement and accommodation provisions identified above differentiates this particular type of agreement. Other variations of the pipeline easement agreement might be tailored to specific circumstances, such as agreements without coal rights reservations or those applicable to different types of pipelines (e.g., oil pipelines, water pipelines). In conclusion, the Idaho Pipeline Easement and Accommodation Agreement (For Gas Pipelines on Land in Which Granter Reserves Coal Rights) is a comprehensive legal document that encompasses easement grants, accommodation provisions concerning coal rights, and various covenants to ensure a harmonious coexistence between gas pipelines and coal operations on the granted land.
Idaho Pipeline Easement and Accommodation Agreement (For Gas Pipelines on Land in Which Grantor Reserves Coal Rights)
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FAQ
The chances of a pipeline leak or explosion on your property is relatively small, but the consequences can be huge.
Neither the size nor the age of a natural gas pipeline affects a property's sale price. There is no impact on demand for properties located along natural gas pipeline easements nor is development in areas with natural gas pipelines hindered.
A person claiming a prescriptive easement must prove ?by clear and convincing evidence? that their use of the property in question was ?(1) open and notorious, (2) continuous and uninterrupted, (3) adverse and under a claim of right, (4) with the actual or imputed knowledge of the owner of the servient tenement (5) for ...
Most normal agricultural activities are permitted on the pipeline right-of-way, but some activities still require written consent to ensure the safety of everyone involved, either due to the depth of the activity, or the weight of the equipment involved.
To put this in numbers, it could be as little as 50% of the easement land value, or up to 30% or more of the whole property value. The more intrusive the easement on the land (ex. - runs diagonal across the whole property vs. just down the fence line), the more impact it will have.
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.
The markers are typically located in a ?line of sight? manner within the rights- of-way, along streets and at road and railroad crossings. The markers provide helpful information about what each pipeline transports, who operates the pipeline, and how to contact the pipeline company.