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  • Ask the right questions when approached about easements
  • Article

    Ask the right questions when approached about easements

    Kelli Milligan Stammen | Posted on

    August 26, 2024



    Trevor Kirkpatrick family

    A couple years ago, representatives from a pipeline company drove up as Trevor Kirkpatrick was hanging Christmas lights on his barn, a Farm Bureau toboggan on his head.

    Once they got out of their truck and spotted the Farm Bureau logo he was sporting that winter’s day, “their shoulders dropped,” Kirkpatrick said.

    Kirkpatrick is a landowner in Carroll County and an organization director for Carroll, Harrison, Jefferson and Tuscarawas counties with Ohio Farm Bureau. His visitors that day were hoping to get him to sign paperwork that would allow them to run a transmission line under his property from one oil well to another.

    They offered an attractive price per foot and had a lease agreement in hand, ready for Kirkpatrick to agree and sign right then and there. As a Farm Bureau member, and an employee, he knew better than to jump at the chance.

    “I know to never sign anything on the hood of a pickup truck,” he said. The goal of the pipeline company was to offer the lowest price possible to those who were attracted to the bottom line and take advantage of that as soon as possible.

    So, Kirkpatrick took a step back.

    He took a copy of the two-page easement agreement, which was “riddled with mistakes and spelling errors.” He and his wife, Emily, talked over the proposal, and contacted Dale Arnold, director of energy, utility and local government policy for Ohio Farm Bureau, for further assistance.

    “We help Farm Bureau members statewide,” Arnold said. “We listen carefully, and invite many to schedule a virtual kitchen table meeting so the family can discuss potential ramifications and/or benefits for the farm in further detail.”

    If a larger number of inquiries come from the area, the county Farm Bureau schedules a special energy briefing for all members, Arnold said. Ohio Energy

    The next step was contacting an attorney. Farm Bureau does have a list of attorneys who specialize in these types of cases that is available to all Farm Bureau members. Hiring a lawyer is an expense that Kirkpatrick said can give members’ pause, but is worth it in the long run.

    After meeting with representatives, and learning that several of his neighbors had signed the initial offer without further consideration, the Kirkpatricks knew they had to engage legal counsel.

    “The information from Farm Bureau was great. We hired our attorney, went right into discussing our specific concerns and contract requirements and saved both time and legal fees.” he said. That legal scrutiny also eventually led to thousands of dollars more in their agreement with the pipeline company.

    “It eased my mind going through the process,” he said, noting that he was reminded that the pipeline company is “asking you to put a project on your property. Don’t feel pressured.”

    Kirkpatrick LivestockThe two parties ultimately agreed on a contract that was 17-pages long, accurate and detailed with items Kirkpatrick said he would have never thought to even ask about – including being paid local timber prices on trees that were to be cut down on his property and a fair value for the soil the pipeline easement was going to be built under.

    “There is value to your land, your fields, your timber and your soil,” Kirkpatrick said. “We absolutely had to have that knowledge (before making a decision). That speaks to the value of Farm Bureau membership. Use Farm Bureau resources to educate yourself. Don’t sign prematurely. Don’t get into a hurry. The first number is excellent, but it could be better.”

    Easing into easements: Getting started

    Basic questions that need to be addressed during initial conversations between the landowner and service provider’s representative should include:

    • Who is the agent?
    • What type of project is coming to the area?
    • What is the project “transporting” or “delivering?”
    • Who has governance and power siting jurisdiction?
    • Does the adjudicatory process apply?
    • Is eminent domain applicable for this project?

    Special easement considerations also need to be addressed as well as monitoring of the project.

    More information about easements can be found at ofb.ag/energyresourceguide.

    New and beginning farmers
    My first recommendation in your journey is to start out with a local farming friend or mentor along with joining an organization like Ohio Farm Bureau.
    Greg McGlinch's avatar
    Greg McGlinch

    Darke County Farm Bureau

    Growing Tomorrow Grant
    We’re just so thankful for the Farm Bureau and the foundation for helping put this together. And of course, the Boyert family for the vision they had with this grant. It’s jumping us forward 10 years. It’s unbelievable.
    Nathan and Jill Parriman's avatar
    Nathan and Jill Parriman

    Clermont County Farm Bureau

    Bringing the farm back to life
    I could not have done it without the resources I have found through Farm Bureau.
    Gretchan Francis's avatar
    Gretchan Francis

    Trumbull County Farm Bureau

    Youth pathways in Farm Bureau
    It wasn’t until I joined the Wilmington College Collegiate Farm Bureau that I truly saw how my passion could translate into leadership, advocacy and a career.
    Wyatt Morrow's avatar
    Wyatt Morrow

    Clinton County Farm Bureau

    Giving farmers a voice
    The issue of property taxation remains as one of the biggest challenges our members face today. Ensuring agricultural property is valued for its agricultural potential and not development is critical to the continued success of Ohio agriculture.
    Matt Aultman's avatar
    Matt Aultman

    Darke County Farm Bureau

    Select Partner Program
    Through the Select Partner program, we became educated in farm insurance and weren't just selling policies. It became more and more clear why farmers need an advocate like Ohio Farm Bureau.
    Chad Ruhl's avatar
    Chad Ruhl

    Farm manager, CSI Insurance

    Advocacy
    So many of the issues that OFBF and its members are advocating for are important to all Ohioans. I look at OFBF as an agricultural watchdog advocating for farmers and rural communities across Ohio.
    Mary Smallsreed's avatar
    Mary Smallsreed

    Trumbull County Farm Bureau

    Suggested Tags:
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    Ohio Farm Bureau Federation is a member of American Farm Bureau Federation®, a national organization of farmers and ranchers including Farm Bureau® organizations in 49 other states and Puerto Rico, and is responsible for Farm Bureau membership and programs within the State of Ohio. Ohio Farm Bureau Federation programs and services are available only to Farm Bureau members within Ohio. The political views expressed in these pages represent Ohio Farm Bureau Federation's positions on various issues as they relate to Ohio. The positions of the national Farm Bureau organization collectively are expressed through American Farm Bureau Federation. Any opinions, statements or views expressed through comments or by outside contributors are the express views of those individuals and do not necessarily represent the views of the Ohio Farm Bureau Federation.

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