That article is misleading, a surveyor walking around taking shots is one thing. A fucking drill rig taking geotechnical soil samples?!
How is either case not trespassing? The land hasn't been seized by eminent domain the crown yet, so how can this be legal?
Kinda what I was thinking. Surveying is one thing, geotechnical exploration is another. I'm not read up on that particular states laws but there appears to be some kind of shenanigans.
1. Actual surveying doesn't require ROW or an easement. Its simple measuring and the surveyor has the right to be out there ie..he's not trespassing. Pending state laws anyway. Missouri its not trespassing. Anyhow, damage to property during surveying is not ok. They would be responsible for the damage, again assuming no ROW or easement.
2. Geotechnical drilling has to be done on the property that is currently under ROW or an easement. If they were out there drilling then either they ARE Trespassing and damaged his property or they AREN'T trespassing and damaged vegetation in the ROW/Easement.
if there's ROW or an easement, then the farmer should have known better to put his crops in an area where he knew work was going to be done. He would have immediately been tipped off by the utility locate flags prior to any drilling occurring. If there's no ROW or an easement, then property owner has a case for damages.
There doesn't appear to be any mention of ROW or easements, just a future pipeline. If they were taking property for an easement, farmer would have been contacted to purchase the land for ROW/Easement or notified regarding taking of land for ROW/Easement via Condemnation or Eminent domain. Either way, the land owner would have been contacted long before any work actually took place and that includes drilling.
Again, state law (not all states are the same) traditionally dictates that all taking of land must follow this order:
- Negotiated sale first. Taker and property owner get appraisals of land to be taken. Then direct negotiation based on appraisals. (lawyers talk to each other)
- Arbitration if 2 sides cannot agree on property worth. (lawyers talk to arbiter, judge, or arbitration panel)
- Federal/State/County/City (who ever the project is for) must either condemn or seek eminent domain. To which the land owner would still be compensated for the property taken. Just much cheaper than what they probably wanted for it.