Vermont Gas will offer landowners with whom they’ve not yet reached an easement agreement the option of participating in a new, neutral third-party mediation process. In a statement released Teusday, the company said it hopes this neutral process results in agreements that will eliminate the need for full, litigated eminent domain proceedings. Since 2001 Vermont Gas has installed over 250 miles of pipeline and has never had to use eminent domain. However, Vermont Gas said that in order to maintain the schedule necessary to deliver the 4,000 residents and business of Addison County the 40-50 percent savings and reduced greenhouse gas emissions that the project can provide, Vermont Gas must proceed with the regulatory process. This means Vermont Gas will have to initiate eminent domain proceedings for a small number of landowners, but in these cases landowners have been, or will be, offered neutral, third-party mediation as an alternative.
“We have tremendous respect for landowners who host public infrastructure. Inviting landowners to participate in neutral mediation and offering an alternative path for resolution is one way for Vermont Gas to show that we understand this is a challenging process for some landowners who are unaccustomed to negotiating land easements,” said Eileen Simollardes, vice president at Vermont Gas. “Ultimately, we want to reach a fair and personalized agreement with every landowner and minimize the challenges presented to landowners by the regulatory proceedings.”
“While we will have to keep the regulatory process moving forward, we hope this new, neutral mediation option will result in agreements that ultimately eliminate the need for the full eminent domain process,” she said.
Landowner Negotiations To Date
Vermont Gas has worked closely with landowners on those portions of the route that are on private property to reach agreements (easements) for temporary construction access and ongoing use of the land for the underground pipe. The route finding process was designed to minimize both environmental and landowner impacts. A significant portion of the pipeline route follows existing transportation and utility corridors. Vermont Gas also adjusted over 70 percent of the route to honor community and landowner input.
Vermont Gas has delayed filing eminent domain petitions for a number of months in attempts to reach consensus easement agreements with landowners. As a result, currently, Vermont Gas has reached agreements with nearly 70 percent of landowners along the corridor permitted by state regulators, representing about 70 percent of the linear distance. Productive negotiations are ongoing with another 20 percent of landowners.
Approximately 10 percent – about 20 landowners – may not reach agreements. Vermont Gas hopes the neutral mediation process will result in agreements with these landowners and avoid full eminent domain proceedings.
How Does Vermont Gas Reach Agreements with Landowners?
Vermont Gas negotiates in good faith with landowners along its routes. The process includes multiple personal contacts with every landowner over a number of months as well as written, electronic and verbal communications. All communications are documented for the purpose of clearly demonstrating the efforts to reach agreement.
Vermont Gas offers above-market-value easement terms that typically are much higher than court-awarded compensation in order to spare landowners and the company the significant legal cost and time required to resolve the issue before the PSB or in court.
Source: Vermont Gas 8.12.2014