Easement Agreements & Compensation

From the earliest stages of the project all the way through completion, NEXUS is committed to treating every impacted landowner with honesty, integrity and fairness. We will work closely with every landowner to ensure that all activities – from route selection and construction to restoration and operation – will cause minimal impacts and disruption to their property and daily lives.

During the initial stages of the proposed project, each landowner with property located within a proposed study corridor will be contacted by a Right of Way Agent to request permission to survey the preliminary pipeline route for environmental, engineering and construction evaluations.

Because it is important to us that all landowners understand the proposed features of the pipeline and project, our Right of Way Agents will be available to meet with landowners on an individual basis to answer their questions and address concerns they may have.

Once surveys are complete and a final route has been determined, our Right of Way Agents will begin the process of negotiating easement agreements with each individual landowner to compensate them for the right to use a portion of their property to construct, operate and maintain the pipeline.

What is an Easement Agreement?

An easement is a legal right of a third-party to use a portion of property for a specific and limited purpose. A right of way generally refers to an easement corridor through a person’s property, typically for a roadway, railway, electric transmission line, or in this instance, an underground pipeline.

A Grant of Easement is the legal document that conveys to a NEXUS pipeline company the use of the right of way and provides us with the necessary rights to construct, operate and maintain the pipeline facilities authorized by FERC. If the property is sold, the rights and responsibilities under the Grant of Easement stay with the property and remain in effect with the new owner of the property.

How is an Easement Agreement Negotiated?

Before beginning negotiations for new permanent easement rights, NEXUS retains the services of an independent real estate appraiser who has professional qualifications and is familiar with the project area. The appraiser will develop a market study of land values based on recent sales in the communities where the new or expanded pipeline route is proposed.

Based upon the appraiser’s market study as well as other factors, NEXUS will determine the value (or compensation) for the necessary permanent and temporary easement rights.

If permanent and/or temporary easement rights are necessary, a Right of Way Agent will review the calculated values with the landowner in an effort to purchase the Grant of Easement and reach an agreement for compensation.

After an agreement is reached on the amount of compensation and the language of the Grant of Easement, the easement agreement is executed and a check is issued by the Right of Way Agent to the landowner.

How are Landowners Compensated?

NEXUS will compensate each landowner fairly for two different aspects relative to the property:

Easement Rights – NEXUS will pay fair market value for the permanent rights and interest being acquired as it crosses the landowner’s property. NEXUS also will pay a rental value for any additional land rights required on a temporary basis for use during construction.

Damages –In accordance with the provisions contained in the easement or related agreements, NEXUS will pay for damages to any structures, landscaping or decorative trees directly impacted by the construction of the facilities. NEXUS will repair such items as drain tiles, fences, streets, roads and driveways and will restore the property as near as practicable to its pre-construction contours. If future maintenance activities are required on the easement, NEXUS will compensate the landowners for damages associated with that activity.

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Send Comments to FERC

The easiest way to express your support to FERC is by clicking on the link below to use the eComment feature located on the Commission’s website. This is an easy method for interested persons to submit brief, text-only comments on a project.

FERC eComment

Should you prefer to send a hard copy letter of support to FERC, please use the project reference and address below:

NEXUS Gas Transmission Project,
FERC Docket No. CP16-22-000

Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street NE, Room 1A
Washington, DC 20426