Among the most disheartening elements of our experience as landowners dealing with Enbridge has been an apparent lack of knowledge or even interest in the Line 6B “replacement” on the part of our elected officials (at the federal, state, and local levels) and the press. The disturbing lack of public discussion and awareness on this issue– and it appears that Enbridge likes it that way– is one of the reasons we started this blog.
In a three-part post, I’d like to mention some core issues that ought to be of widespread public concern, with a word or two about what individuals can do to help raise awareness of them:
Core Issue #1: Individual landowner negotiations.
This is the part of the project that is almost entirely invisible. We know first-hand that negotiating with Enbridge– whether it’s for a new easement or an existing one, for damages that will be incurred during construction, and for basic safety and environmental protections during construction and restoration– is an arduous, frustrating, and isolating process. What’s most important is protecting your property, ensuring that you are fairly compensated for damages, and making sure that your property is restored to its pre-construction condition.
What can you do? I wish I had more wisdom and insight on this one. Unfortunately, I am no expert. Nor am I an attorney. However, based on our own experience, I can mention a handful of simple but powerful things that will help protect your interests:
- Talk to your neighbors who are going through the same thing! This is SO important. It’s astonishing the things you will learn. Others who are going through the same process are your best resource for information and advice.
- Contact your local (city, township) officials and make them aware of the project. Demand that they be interested in what’s happening on your property. What’s happening to one landowner could potentially affect many others.
- Do not be intimidated or pressured or rushed by right of way agents; take your time and do your homework: get estimates on the value of property that will be affected (trees, structures, wells, septic systems).
- Ask your right of way agent for a sample “construction requirements list” and then make your own list of conditions for use and restoration of your property.
- If you feel that you are getting nowhere with your ROW agent, ask to speak to someone else from Enbridge.
- Do NOT sign anything that you do not fully understand– ever.
- If your easement is a new one or if you have an existing one but will now have a second pipe on your property, you may be able to appeal your property tax assessment (since the value of your property will likely be affected negatively). We’re planning a separate post on this matter in the next week or two…
- Finally, do not hesitate to seek the advice of an attorney.
Up next: local consent
I am a landowner from Canada and have 8 Enbridge pipelines that cross my property. All the views and comments articulated in this forum are also true in Canada. We have formed a landowners group and deal with Enbridge as a whole. We were able to negotiate a monetary settlement in the range of $100000 per quarter section when Enbridge constructed the Alberta Clipper and Southern Lights. We also negotiated the right to have an independent construction monitor, a construction joint committee, an integrity dig program with compensation and a addendum to our easement agreement relating to abandonment.Abandonment is of paramount importance when dealing with pipeline interest. Enbridge intends to abandon all pipelines in place when thy no longer have a economic need for them even though our easement agreement says they must be removed. The pipeline industry is in the process of convincing regulators that landowners will suffer no adverse effects from abandoning in place! We as landowners are aware of the safety and environmental risk that these abandoned pipelines will impose on landowners. Pipeline abandonment is of utmost importance when dealing with Enbridge.
Thank you for the comment, Daniel. A landowners group is a fantastic idea and it sounds like folks down here can learn from your experience– the abandoned (well, they say “deactivated”) pipe is still a major issue for us. Does your group have a website or anything like that with more information?
This the link to the website for the national organization in Canada.
http://www.landownerassociation.ca/
The forum and blog for Canada is located at
http://pipelineobserver.ca/