Is anyone in the process or experienced with current easement negotiations on either farm or timber property? What PROS & CONS should be known and what topic agreements should be viewed closely? Any advice?
It seems the one-time payment is an indefinate use of land with no following income from the easement yet loss of use and negative impact to future resale or long term oppurtunity (timber, structures etc.).
Has anyone negotaited for annual income, term limits or has access to a calculation for determining future lost income estimates?
Look up Eric Camp's negotiation points for ROW. He wrote up some good info. You just have to stick to your guns when everyone around you tells you that "That isn't done around here." You also have to be ready to lose the deal. If you live on the land, maybe you would be happier if they didn't put in pipelines.
My family did not get annual income, but did get a 75 year time limit. That was a sticking point for us, and we got it. Be warned, the time limit adversely changes the tax treatment of the damages/consideration.
Be super cooperative with the landman, get them to show you the proposed route for a mile around, and have them point out blocking parcels. If you would potentially be one of those blocking parcels, make sure that you ask for enough -- you just might get everything you asked for.