For some projects — such as gathering systems within oil and gas leases or distribution pipelines within public right of way — acquisition of new land easements or parcels may not be required. For projects fitting these conditions, the installation could proceed with an occupancy permit or utility installation permit. In some of these cases, some temporary right-of-way might be required to accommodate construction equipment or small sections of new permanent right of way may be needed for various reasons.
In other cases, a pipeline may be able to run parallel to a public road right-of-way, next to an existing utility easement, or cross-country in a new corridor — scenarios that will greatly increase the need for new private easements.
Certain installations can proceed with an occupancy permit or utility installation permit. In some of these cases, some temporary right-of-way might be required to accommodate construction equipment or small sections of new permanent right-of-way may be needed for various reasons. For projects that require acquisition of easements or fee acquisition, a title search is typically the starting point, and these can be done online or in-person if it is necessary to gain an early gauge on just what will be required. Title searches can determine historical and current ownership interests and what those individuals did with the property during their ownership periods. These uses can have a lasting impact, such as when an owner has reserved ancillary interests at some point in the past that have been passed down to subsequent owners over the years. These issues can impact present-day owners and thus create constructability issues.
In some jurisdictions, property owners have rights that extend to the center of roads abutting their property, meaning that some land acquisition could be required even if the easement will track along the public route. In these cases, knowledge of state law and DOT maintenance agreements are necessary, but could result in a new easement acquisition.
Though aerial surveys can be a helpful starting point, there is no substitute for field observations and surveys of proposed routes. That is the only way to identify structures, utilities, encroachments, abandoned cemeteries, buried archeological sites or other challenges that may present substantial issues later. A right-of-way agent along with survey crews can identify these issues and relay the information back to the engineering and land services team before investing substantial time and expense.
If a project is for a utility, condemnation may be a last resort for landowners who will not agree to any proposed offer for their property. Though eminent domain proceedings always should be a last resort, there are times when it is necessary if the project can demonstrate it is being pursued in the public interest. However, any project that proceeds down this pathway must account for the potential cost of reputation for the owner in addition to the financial costs of acquisition, legal costs and costs in lost revenue from the length of time needed for a contested proceeding. An experienced project team will go to great lengths to pick the route that causes the least resistance and fewest environmental or cultural impacts. Balancing the public interest with owner priorities requires collecting the right data and getting the right folks in the room to make the most informed decisions possible.