- 3 - practicable for petitioner to purchase the property that its pipeline must traverse, petitioner often will purchase an easement, or right-of-way, granting it the right to locate its pipeline on particular parcels of private or public property. In some instances, however, petitioner is unable to purchase a right-of-way because that right previously has been conveyed to another easement holder, such as when the State holds the right- of-way in property that borders a highway. Under such circumstances, petitioner may acquire a permit which allows it to locate its pipeline within the existing right-of-way. As a matter of contract, however, such a permit often provides that if petitioner's pipeline ever interferes with the right-of-way holder's future use of the right-of-way, petitioner is responsible for the cost of relocating the pipeline in order to cure any such interference. This method of securing a location for the placement of pipeline represents a common, ordinary, and necessary practice throughout the pipeline industry. At some point prior to 1991, petitioner entered into a contractual agreement with the Illinois Department of Public Works and Buildings, Division of Highways, predecessor to Illinois Department of Transportation (both hereinafter referred to as IDOT), whereby petitioner secured a permit to locate its pipeline within an IDOT right-of-way that bordered certain Illinois highways. Pursuant to that permit, petitioner was andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011