Easements, eminent domain and landowner rights
“Easements are a recurring issue for landowners, and I regularly receive calls with a number of common questions, including recent calls for the Sandpiper Pipeline Project by Enbridge. As oil and gas gathering infrastructure catch up with the boom, landowners in the region will continue to receive requests for easements.
If you receive an easement proposal, it is an important preliminary question whether the developer has the right to come on to your property without your permission. There are three common situations: The developer has eminent domain authority; the developer has an implied easement because it owns the minerals; or the developer does not have the right to enter without permission.”
Braaten, Derrick. AgWeek 10 February 2014.