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Questions & Answers |
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The following information is provided to assist those whose land may be affected by the proposed Central New Jersey expansion project. We have attempted to answer the most frequently asked questions, but other more site-specific questions will be addressed in individual discussions between you and our land agents. If you are an affected landowner and you have more specific questions, you can contact our land department at (609) 936-2405 or (866) 857-7094.
What is an easement?An
easement is a limited right to use the land for specific purposes. In
this case, Williams-Transco will compensate the landowner for an easement
to construct, operate and maintain an underground pipeline (and, in limited
cases, above-ground equipment related to the pipeline such as valves,
pipeline markers, and cathodic protection sites).
It
is important to note that an easement does not transfer title of the land
to Williams-Transco; it merely grants the right to use the land for the
specific purposes stated above. The
landowner retains ownership of the land and use of the surface with limited
restrictions. Once construction
is complete the landowner may farm, plant or otherwise use the surface,
with the exception that no trees may be planted and no permanent structures
may be constructed within the right-of-way. What size will the easement be?The
amount of land required for the easement will vary on each tract of land
depending on a number of factors. A
Williams-Transco land agent will discuss the land requirements with the
landowner during the easement negotiations. Typically,
a fifty-foot wide easement is required for operation and maintenance of
the pipeline. The total width
of the construction workspace will vary depending on such factors as slope,
soil conditions and regulatory requirements.
Generally,
approximately 85 to 105 feet of workspace will be required to construct
the pipeline.In certain locations, a portion of the workspace may overlap
the existing right-of-way. All
temporary workspace will revert to the landowner upon completion of construction. How will the value of the easement be determined?Easement
values are determined in much the same way that all property values are
determined. An assessment of the easement area's fair market value will
be determined, generally by an independent appraiser, considering such
factors as length, width, existing use and comparable land sales in the
area. Impact to the remaining
property may also be considered. This
information will be shared with the landowner and fair compensation will
be offered based on the above criteria. We encourage the landowner to
provide any other relevant information that may be considered in establishing
a fair market value. In
addition to the value of the easement, the landowner will be compensated
for any damages to your property during construction. Such damages may include loss of crop, timber, pasture, landscape
features or use. Settlement
of damages may occur before or after pipeline construction (or both) at
the landowner's discretion. Damages
for crops are usually paid in advance for three years' loss of yield and
are based on historical records or yield data from the local extension
service. If the crop does
not reach expected yield within three years, additional compensation and/or
soil treatment will be provided. Damage to fences, gates, roads, drainage,
etc., will be repaired prior to the contractor leaving the site. The landowner
will be asked to acknowledge completion of restoration activities and
sign a damage release following construction. What will the presence of the pipeline do to my property values?Historically
speaking, natural gas pipeline easements have had little or no affect
on property values. What if I don't want the pipeline on my land? Can you take my land?This
is always a very sensitive issue and we assure you that it is not our
desire or intent to obtain an easement from the landowner through the
right of eminent domain, often referred to as "condemnation."
Do we have the right to condemn for an easement? Generally,
once the Federal Energy Regulatory Commission issues a Certificate of
Public Convenience and Necessity for a project, the company may, by virtue
of the authority granted in the Natural Gas Act, seek authority from the
court to obtain the limited rights necessary to construct, operate and
maintain a pipeline. Contrary
to the condemnation process that the landowner might experience for a
highway, park or other public structure, your land would not be "taken"
from you. The courts would
merely grant the right for Williams-Transco to construct, operate and
maintain the pipeline. The landowner would retain ownership and surface
rights of the land as if an easement was granted. The courts would determine
fair market value, again based on the accepted appraisal practices discussed
above. More
specifically, the process in New Jersey would begin with the company filing
a complaint with an appropriate court, which can be either a state court
or a federal district court. After
an initial hearing, a proceeding is held before a commission appointed
by the court, or a trial (with or without a jury) may be held by the court. The
purpose of this proceeding would be to determine the amount of "just
compensation" to be paid to the landowner for the use of a portion
of his or her property. Both
the United States Constitution and the New Jersey State Constitution require
the payment of such just compensation to property owners when their property
is subject to public use. After
the award of just compensation, either the company or the affected landowner
(or both) may ask an appellate court to review the award to make sure
that it complies with the appropriate body of law.
At some point in the proceedings, the landowner receives the payment
awarded by the court. Under
various circumstances, the landowner could also receive interest on the
amount determined by the court.
Why did you have to choose my land for the pipeline?The
process of siting a natural gas pipeline is comprised of many variables.
Federal regulations require that the pipeline company conduct numerous
studies and analyze a number of alternatives before filing an application. Companies
are strongly encouraged to consider routes along existing rights-of-way,
roadways and other utility corridors. Williams investigated
several route alternatives for the pipeline, selecting the alternative which has the least impact on the community and
the environment, while protecting the needs of
its customers. Are you planning to construct through the Green Acres properties? Some of the proposed Central New Jersey facilities will require construction through Green Acres properties. Some Green Acres tracts are already existing utility corridors. The construction of an underground pipeline will not have a visual impact on the open space concept of the Green Acres program. In fact, the use of the Green Acres tracts for an underground pipeline has many mutual benefits for the community and the company. Use of these tracts would reduce the number of residential properties to be impacted by the facilities. In addition, placement of the pipeline in an area that has restricted surface use will reduce the potential for encroachments, thus enhancing the overall pipeline safety effort. Williams-Transco is an active participant in many states in the use of its rights-of-way for open space, conservation corridors and trail systems. When will this pipeline be constructed?The
facilities proposed for the Central New Jersey expansion project are scheduled
to be in-service by November 2005. Subject
to the receipt of necessary regulatory approvals, construction should
begin in the third quarter of 2005 (Construction
schedule). Will I be notified before construction begins? Williams-Transco representatives will advise you of the construction start date as far in advance as possible. This will allow you to schedule farming or other activities in ways that minimize problems for both parties. However, the availability of equipment, weather, labor and other factors can be unpredictable and might affect the actual start date. We will use our best efforts to keep you informed. How
long will this "spread" be on my land? Unfortunately, that's difficult to predict. If everything is working like it should you should see a steady stream of crews back to back. However, depending on many variables including weather, pipe delivery, trench conditions, etc., each crew may not be able to work at the same speed as the previous crew. Let's say the surface of the land is flat and mostly free of brush, trees and structures. The clearing crew may get several miles a day of progress. However, if the subsurface (the trenchline) is full of hard rock, the trenching crew will be slowed considerably. It's also possible for weather to add distance between the crews. It is in our best interest to keep the spread moving and we will have inspectors with each crew to monitor progress. Adjustments will be made as necessary, but disturbance across your land, from clearing to clean-up, could continue intermittently for a couple of months. Am
I going to see bulldozers and pick-up trucks driving all over my land? All
construction activities will be restricted to the right-of-way and temporary
workspace areas granted during the negotiations. Only
those roads agreed to in advance will be used by the construction crews. How
will the pipeline affect land drainage? The
right-of-way will be graded after construction to allow normal water drainage. All
drainages will be returned to their original patterns. The
right-of-way may be terraced, seeded, mulched or otherwise stabilized
to prevent erosion. What
precautions will be taken to prevent the subsoil from mixing with the
topsoil? Topsoil
will be excavated and segregated into separate stockpiles to allow for
the re-establishment of the original soil profile. In
agricultural fields, hayfields or other fields used for crops, the top
12 inches of topsoil will be segregated into a separate stockpile. In
places that have less than 12 inches, all of the topsoil will be removed
and stored separately. Once
construction is complete, the subsoil will be placed into the trench first,
followed by the topsoil. What do I do if I find you've broken my water line or cut my cable or telephone line? You
will be provided with the names and numbers of several Williams-Transco
personnel that you can contact in the event of such a mishap. It's
rare but not impossible. Be
sure you point out the location of any underground utilities or structures
to your land agent prior to construction to minimize the potential for
disruption. We would prefer
that you deal directly with a Williams-Transco employee and not the contractor
doing the construction if possible. You
may return to normal surface uses of the land with limited restrictions. However,
any digging, even for fencing, vegetation or drainage is prohibited without
first contacting the local One-Call system or a Williams-Transco representative. No
trees may be planted on the right-of-way. This
is to maintain a clear aerial surveillance of the right-of-way as well
as to prevent tree roots from damaging the pipeline coating. For more
information on these restrictions, click
here. I'd
like to get some gas from this pipeline. How do I do that? This pipeline is used for transporting natural gas to market areas where it can be distributed by local distribution companies or used as fuel in power generation facilities. Contact your local gas utility company to ask about natural gas service. |
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© 2007 The Williams Companies, Inc. All rights reserved. (800) Williams (800-945-5426) Terms & Conditions |
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