Friday, April 28, 2006

"I'm not going to let you steal this from the Boy Scouts."

Boy Scouts in land war

4/28/06

F.A. Krift
The Beaumont Enterprise
Copyright 2006

A pipeline company's eminent domain power is testing Boy Scout law to be courteous and kind.

Springfield Pipeline LLC filed a condemnation petition Tuesday in Tyler County District Court to seize land for extending a pipeline through Camp Urland, a 715-acre Boy Scouts of America campground about two miles south of Woodville.

The lawsuit charges Three Rivers Council, the Southeast Texas governing body for Boy Scouts of America, with not agreeing to the land's fair market value price. However, Craig Sherlock, a Three Rivers Council board member, said the pipeline company offered one-fifth the typical price.

"I said, 'I'm not going to let you steal this from the Boy Scouts. You're a big, rich oil company. You can afford to pay what everybody else pays," Sherlock said.

He said Springfield offered about $27,500 for land that was worth as much as $137,900.

Springfield's lawsuit claims a "bona fide" effort was made to reach an agreement. After months of negotiations, the only option was petitioning for condemnation, said Teresa Wong, manager of public affairs for Anadarko Petroleum Corp. Springfield is a subsidiary.

Wong said an offer considerably more than the appraised value was made, but Three Rivers disagreed and made an unreasonable counter-offer.

"We realize that Boys Scouts have a unique piece of land and they are not a typical landowner," Wong said. "We believe in what they are trying to do and want to work for them ... At the same time, we believe it is a good route and a safe route for the pipeline."

The nearly mile-long easement and right-of-way through Camp Urland property will seize about 3.1 acres. The 8-inch-wide pipeline, buried at a minimum of 3 feet, will run through a 30-foot-wide permanent easement taken from the Three Rivers Council, which oversees Camp Urland operations, according to the petition. Furthermore, a 50-by-50-foot temporary work area will be used to establish the pipeline.

Springfield, a wholly owned subsidiary of Woodlands-based Anadarko Petroleum Corp., is listed by the Texas Railroad Commission as a "gas utility," and it is a common carrier, transporting natural gas for a fee, said spokeswoman Ramona Nye.

Because of the status, Springfield is given eminent domain capability. That means it can negotiate with private landowners for right-of-way on which to build new pipeline.

If the company and a landowner cannot reach an agreement on fair market value, Springfield is allowed to initiate a condemnation lawsuit, which causes the commissioners court of a county - or a county court-at-law in the county - to determine appropriateness of the condemnation and the property's fair market value.

Wong said the basic goal of any pipeline company is to build the straightest route because it is the most economical. The route taken actually follows a property line instead of running right through the camp, although Sherlock claimed the company's route ran right through Camp Urland.

Deep in East Texas' Piney Woods thicket, Camp Urland provides year-round camping where Boy Scouts earn merit badges for archery, camping, basketry and crime prevention.

Sherlock said the campsite provides an outdoor retreat for about 6,000 boys from nearly 10 counties. The proposed pipeline route runs adjacent to campsites and near camp improvement projects, he said.

"They're not going to allow any trees or bushes (around the easement), and they're going to cause damage to surrounding trees," Sherlock said. "It's very pristine. We don't have any pipelines there. You've probably got parents up there that are going to be concerned about their kids being around a pipeline."

fakrift@beaumontenterprise.com

(409) 880-0728


© 2006 The Beaumont Enterprise www.southeasttexaslive.com

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