Right-of-Way & Easement Acquisition Flashcards

Under the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), which type of project triggers federal acquisition standards including offers based on independent appraisals?

Answer: Projects using federal financial assistance or federally funded public projects requiring real property acquisition

The URA applies to acquisitions for federally funded projects and requires that landowners receive offers based on independent appraisals and be treated fairly throughout the acquisition process.

A gas utility holds an easement for a 6-inch gas distribution line. The utility wants to upgrade to a 24-inch transmission line in the same corridor. Does the existing easement cover this change?

Answer: Not necessarily; courts often find that dramatically larger pipelines exceed the scope of the original grant, requiring a new or amended easement

An upgrade to a significantly larger pipeline may exceed the scope of the original easement grant if the change materially increases the burden on the servient estate, potentially requiring renegotiation.

Which of the following best describes an 'as-built' survey in the context of pipeline right-of-way?

Answer: A survey completed after construction that documents the actual installed location of the pipeline as opposed to the originally planned route

An as-built survey records the pipeline's final constructed centerline location, which may differ from the original design route, and is critical for accurate legal descriptions and future maintenance.

When acquiring easements for a FERC-regulated interstate natural gas pipeline, what document issued by FERC grants the company eminent domain authority under the Natural Gas Act?

Answer: A Certificate of Public Convenience and Necessity

Under Section 7 of the Natural Gas Act, FERC's issuance of a Certificate of Public Convenience and Necessity grants interstate pipeline companies the authority to exercise eminent domain to acquire necessary ROW.

A landowner claims an existing pipeline company easement has been abandoned because the pipeline has not been used for three years. What must the landowner typically prove to establish abandonment?

Answer: Both non-use and intent to abandon; mere non-use alone is generally insufficient

Most courts require proof of both physical non-use and a clear intent to relinquish the easement, as temporary non-use without intent to abandon typically does not extinguish a pipeline easement.

What is the purpose of a 'Damage Release' or 'Settlement Agreement' that a pipeline company may ask a landowner to sign after construction?

Answer: It documents compensation paid for construction-related damage and releases the company from further claims arising from that specific construction activity

A damage release documents that the landowner has been compensated for specific construction damages and releases the company from future claims related to those identified damages.

Under what legal doctrine might a court find that an oral promise by a landman to provide the landowner additional compensation later prevents the pipeline company from denying that obligation?

Answer: Promissory estoppel

Promissory estoppel may bind a party to an oral promise if the promisee reasonably relied on it to their detriment, even when the Statute of Frauds would normally require a written agreement.