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Oil/Gas/pipeline easement

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Question
I have property in Washington County, Colorado.  I signed a multiple line agreement in 2007.  Now the company wants to put another line in the easement.  They offered me the same amount as in
2007 and have since increased the offer by $20.00 per rod to $75.00 per rod.  They say if I don't sign they will get a TRO.  What does that mean and should I sign the new agreement?

Answer
   The Temporary Restraining Order is a weak attempt by them to scare you.  The only leverage they have against you is if they are a public utility and begin proceedings to take the easement by eminent domain.  Colorado is becoming more and more liberal and unfortunately with that move the state and courts are less concerned about property rights and individual rights.

   I would tell them that if they want the easement you will negotiate in good faith and the easement will cost them $250 per rod.  Make the easement money worth something to you or too much for them.  You are negotiating in good faith and are not simply rejecting them.  A flat-out rejection would not be a benefit to you but asking what you believe the easement worth is negotiating in good faith.

   Don't sign the agreement without it hurting them a little...or, make it worth your while.  The TRO is only good for 20 days and is not even the correct mechanism to use - it is a scare tactic.  To me they are not negotiating in good faith with you when they throw out those threats.

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Cliff Williams

Expertise

I will try to answer any question you have. Even if I reject a question, I still will give a shot at what I would do in your position. The only questions I will not take a shot at would be a highly technical engineering or geological question. I am beginning to see quite a few questions from land men and other oil companies and that doesn't matter to me either. I will attempt to help.

Experience

I am an oil and gas attorney that has been in the business for more than 20 years. I have held a series 22 and 63 securities license, been in oil and gas operations, land man, division order analyst all prior to obtaining my law degree. Today, I typically write title opinions verifying ownership of oil and gas minerals, assist landowners in negotiations on oil, gas and mineral leases, easements and conveyances. I also assist oil and gas companies with the sale of working interest ownership as well as common business law issues.

Organizations
State Bar of Texas, Member of the Tarrant County Bar and the Dallas County Bar Associations.

Publications
Multiple oil and gas topical columns on ezine.com.

Education/Credentials
I have a B.S. degree which I rely upon more than my Business Mgmt degree or Law degree...

Awards and Honors
Husband and father of 26 years

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