llv534bLC0eM79B0lZIqfiKQGNI

Local: Proposed Gas Pipeline in York County, PA

Photo by Michael Trolove.

Photo by Michael Trolove.

If you live in York County, PA, you need to be aware of the proposed natural gas pipeline construction being planned and cleared with the FERC (Federal Energy Regulatory Commission). I attended a live chat today that occurred on the York Pipeline News page. Brittany Wilson moderated the open chat with Jody A. Leighty, of Stock & Leader Attorneys at Law. As advised, all information provided by Ms. Leighty should not be taken as legal advice but simply as general information.

Do not sign any papers until you speak with a lawyer. Once a contract with the gas company or any affiliated representative is signed, it will be too late to negotiate.

The current proposed line will run south of Red Lion (my town) and through Hopewell Township. This can change at any time, though. I am not in the clear until the final decision has been made.

Landowners are encouraged to attend any hearings held with the FERC concerning the project. However, when I attempted to get more information on these meetings I was instructed to search on the FERC website for more information. Using the given parameters (“Atlantic Access Project” and “Natrium Path“), there was no results found that seem to be useful. In fact, “Natrium Path” yields zero results.

Not very helpful, is it? 

I would like to see a clearly defined list of information: names, contacts, FAQ’s, links to the FERC project page, and latest information. There are many valid concerns about the safety of fracking and the environmental impact of both drilling and getting the gas from point A to point B. It seems to me that the gas company and those working with them would provide all this information in an easy-to-find and read format to allay the fears of landowners.

Otherwise, it just seems like they have something to hide.

If there is any clear information, send it my way and I’ll be sure to post it.

If you are a local landowner or simply a concerned citizen and have any questions, send them my way and I’ll do what I can to either give you an accurate answer or point you in the direction where you may find it.

Following is the transcript from the live chat this morning.

Will proposed gas lines affect you? Chat with a Stock & Leader attorney 10 a.m. April 11
 (04/11/2012)
Wednesday April 11, 2012
9:59
Brittany Wilson:

Good morning! We’ll be chatting today with Jody A. Leighty of Stock & Leader. Are you there, Jody?
10:01
Jody A. Leighty:

Good Morning. Thanks for inviting me today.
10:01
Brittany Wilson:

Awesome. Let’s get started
10:01
Comment From Cathy

Hi there, I was wondering what property owners could expect — notification-wise — if their land is expected to be used for the pipeline?
10:03
Jody A. Leighty:

The first thing you will receive will be an invitation to an Open House, hosted by The Williams Company, also known as Transco. These will probably happen within the next month or two. I would like to point out that neither myself or my law firm is in any way affiliated with the Williams Company or Transco.
10:05
Comment From Cathy

Thanks Jody. I’m wondering if any property owners have been contacted already.
10:07
Jody A. Leighty:

We are not aware that any landowners have received anything yet. We are advising folks to be sure to open any mail that they would receive from the Williams Company or Transco. This is not anything you can ignore. From what we know so far, there will be one Open House per county, and we think they will be held sometime this spring.
10:08
Comment From Ashley

Good morning! What are some common concerns you’re hearing from land owners?
10:09
Brittany Wilson:

Don’t be shy participants, keep the questions coming!
10:10
Jody A. Leighty:

Landowners are concerned about how it will affect my property, what it will look like, will I be compensated, for what will I be compensated, who will be coming on my property and for what purposes, what types of notification occur, and what is the process if I cannot work out an agreement with the gas company.
10:11
Comment From Cathy

Has your firm been involved in any other pipeline construction in York County? I know we had some construction in the east end of York County in the past couple of years.
10:11
Jody A. Leighty:

Yes, we have.
10:12
Brittany Wilson:

What is the first thing a property owner should do if a gas pipeline is proposed to run through their property?
10:14
Jody A. Leighty:

Whether your land has decreased in value would be determined by an appraisal. Every landowner’s situation is going to be different, and whether your land decreases in value depends on your specific situation.
10:15
Comment From Sean Adkins

Does having a pipeline run near or on your land decrease the value of your property?
10:16
Brittany Wilson:

Here’s a question from Amber …
10:16
Comment From Amber DeGrace

I live in Red Lion, on 2 acres. I am very concerned that a pipeline will come through and destroy my property. We have no rights when it comes to denying it, do we?
10:17
Jody A. Leighty:

Brittany, the first thing a landowner should do is educate themselves. Find out as much as they can about the proposed project, the timeline, details of the project, and their rights as a landowner. And finally, keep an eye out for any communication from the gas company.
10:22
Comment From Cathy

Do pipelines normally follow electrical line right-of-ways? For some reason I remember that being the case in eastern York County.
10:22
Jody A. Leighty:

Amber, You have the right to attend and participate in the Federal Energy Regulatory Commission hearings, and certainly you have rights as a landowner. However, it is a very difficult process for a landowner to challenge the project, and it is unlikely that once the project has been approved by FERC, that the project will be stopped.
10:24
Brittany Wilson:

Is there a way to get the gas company to go around your property?
10:24
Jody A. Leighty:

Not always, but when possible they may try to follow existing utility easements and rights of ways.
10:26
Brittany Wilson:

I have some good questions in the queue from Charlotte, Sean and Amber that will be shared in a few minutes.
10:28
Jody A. Leighty:

Brittany, to some extent you can negotiate with the gas company regarding the placement of the pipeline on your property. There may be certain land features or resources on your property that the gas company must consider or may want to avoid. It would be in your best interest to raise those issues with the company.
10:31
Brittany Wilson:

I got the following comments from participant dw, I’m not sure if you will be able to answer them, Jody. But I’m sure other participants share some of the same concerns. What can property owners do to ensure their safety needs are met if a gasline ends up being installed?
10:31
Comment From dw

I am against all this gas drilling, the fracking and chemicals used not being released to “any entitiy,” etc. The contamination that is part of this all process is well known. No one seems to care about the pollution to our environment, the poisoning of wells and other water sources, nor the dangers from the chemicals used in the fracking process to humans exposed during accidents. This should never have been allowed before all these questions and chemicals were fully investigated and released ( chemicals used ). Even during accidents where human lives were at risk, these companies still refused to disclose the chemicals. To me this alone is a big issue.
10:32
Brittany Wilson:

I also have a question from Mark waiting in the queue
10:33
Jody A. Leighty:

Brittany, there are pipeline safety regulations, both federal and state. You can also seek to negotiate private enforcement options and possibly larger distances from habitable structures, etc.
10:34
Comment From Sean Adkins

Are there any concerns that either pipeline project could take a route out of existing rights-of way?
10:36
Jody A. Leighty:

Sean, they are not currently planning on using existing rights of way throughout the whole project, but they may use some.
10:36
Brittany Wilson:

Here’s another one from Amber …
10:36
Comment From Amber DeGrace

I assume if we are notified that our property is in the proposed line that we will be advised of the when/where of any FERC hearings?
10:37
Brittany Wilson:

I’ll be posting your questions as I get them. Thank you everyone for participating, and stay tuned!
10:38
Jody A. Leighty:

Amber, you will not be individually notified. However, you can go on the FERC website at www.FERC.gov and keep yourself informed of this and also obtain additional information about the project.
10:39
Brittany Wilson:

If a property owner decides to let the gas company use his or her land, how would the property owner be compensated? Is it the same compensation for everyone? or does it have to be negotiated?
10:41
Brittany Wilson:

I have two similar questions from Amber and Mark coming up soon…
10:42
Jody A. Leighty:

Brittany, each landowner is entitled to just compensation under the Eminent Domain Law, and the amount of compensation will not be the same for every landowner. Each landowner’s compensation is based on their specific situation, and can be either negotiated or determined by a court.
10:43
Comment From Mark

Where can we find out where the proposed gas lines are and what neighborhoods it affects?
10:43
Comment From Amber DeGrace

Has it been decided which route the pipeline will take? Can you tell me here whether I am safe in Red Lion or not? Thank you, by the way, for taking the time to meet with us here and address our concerns.
10:46
Jody A. Leighty:

The proposed route of the pipeline is not final, and in fact even after it is approved by FERC, the exact route can be changed. The best place to see the proposed , route is on the FERC website, or you can check out the Williams website.
10:48
Brittany Wilson:

Can a property owner negotiate anything after they have signed an agreement with the gas company? Also, can the property owner automatically still use the land being used by the pipeline? Or is that something that would have to be negotiated in advance?
10:48
Comment From Sean Adkins

Thanks, Jody!
10:49
Jody A. Leighty:

Amber, the proposed route is far south of Red Lion. At this point the proposed route would go through Hopewell Township to the south of Red Lion.
10:50
Brittany Wilson:

We have ten minutes left in this chat. Time for only a few more questions …
10:52
Brittany Wilson:

If you have additional questions after the chat, Jody can be reached atjanderson@stockandleader.com. You also can find out more about her here:http://www.stockandleader.com/attorneys/jody-anderson-leighty.aspx
10:52
Jody A. Leighty:

Brittany, the landowner does not lose the right to use their land, so long as their use does not interfere with the pipeline. Once an agreement is signed, it would be extremely difficult to renegotiate the deal. You pretty much get one chance to negotiate with the gas company and make a deal. If no agreement can be reached, then a court will determine your compensation.
10:53
Brittany Wilson:

Here’s one from Charlotte …
10:53
Comment From Charlotte

Will the construction of this pipeline have any effect on natural gas prices for York County residents?
10:54
Jody A. Leighty:

Charlotte, the pipeline is an interstate supply line. We do not know what, if any, effect this will have on our local prices.
10:55
Brittany Wilson:

Jody, I’m not sure if you have this information on hand, but Amber has one more question about the FERC site …
10:55
Comment From Amber DeGrace

Also, do you have a specific link to the project in question on the FERC website? There are well over 200 projects currently on docket in the NE. I want to make sure I’m looking at the correct one.
10:56
Jody A. Leighty:

Amber, the exact name of the project is the Atlantic Access Project, and the path going through York and Adams County is called the Natrium Path. Use these as search terms on the FERC website.
10:59
Brittany Wilson:

Just a reminder that commentary with other York County residents who are concerned about what the proposed pipeline means to them can continue after the chat at www.facebook.com/yorkpipeline.
10:59
Brittany Wilson:

Thank you Jody for participating in this chat!
11:00
Brittany Wilson:

I’ll be posting a recap to ydr.com shortly. So participants can look back for anything you missed. Jody gave us a lot of good information!
11:00
Jody A. Leighty:

Brittany, thanks so much for inviting me to participate today. Thank you to everyone who participated.
11:01
Brittany Wilson:

Also just a reminder: Disclaimer: This chat is for educational purposes, general information and a general understanding of the law. It is not intended to provide specific legal advice. Neither your reading of, nor posting on, this chat establishes an attorney-client relationship between you, the law firm, or the attorney presenting information. This chat is not a substitute for seeking individual legal advice from a licensed attorney. Readers should not act upon any information contained in the chat without seeking professional counsel.
Twitt