What does the easement say and will your grandchildren like it?

When confronted with the a gas company using the power of eminent domain people often focus on the compensation issue and pay little attention to the legal easement agreement presented at closing. While it’s your right and duty to demand full compensation for the taking of your private property, understanding the scope of the rights you are giving away is critical.

Often, pipeline easements contain language that will result in real limitations on the use of your property. You will give them the right of access and the right to place new equipment on your property.

These restrictions on you are permanent. If the property stays in the family, your grandchildren’s grandchildren will wonder what you were thinking.

Attached to the easement will be a lengthy and complicated legal description. These often contain technical language, which is difficult to understand. Engineering drawings also may be attached, which contain technical notes regarding the gas company’s use of your property.

The good news is that in Florida, you don’t have to do it alone. Your Supreme Court has recognized that property owners have certain rights. Among them are the rights to legal representation and the assistance of technical experts. It’s your right to have the costs of these people paid for by the gas company. Under the circumstances, you should seek the advice of an experienced eminent domain attorney. At lease that way, your great grandchildren will be able to sleep at night.