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Grain Belt Express Clean Line "Code of Conduct" for Land Agents - Not Worth the Paper It's Printed On

3/20/2013

8 Comments

 
Holy plagiarism, Batman!  I ended up with a copy of Grain Belt Express Clean Line's "Code of Conduct" for Right-of-Way Agents and Subcontractors in my email today.

This silly document is nothing but window dressing masquerading as "proof" that Clean Line's land sharks are following some sort of moral compass.  This document does nothing to stop land shark abuse of landowners.  Who's supposed to enforce it?  Nobody!  What are the penalties or legal remedies for violation?  There aren't any!  It's your word against theirs.

This document has an interesting history.  Notice how it's written to supposedly prohibit certain behaviors?  Does the specificity of certain tactics seem a bit odd to you?  That's because each one of these land agent no-nos was a tactic actually perpetrated on landowners in Pennsylvania by land agents for TrAILCo.  This "Code of Conduct" came into existence through a court battle fought by the Pennsylvania Office of the Consumer Advocate, who is tasked with representing the interests of consumers, who had been victim to these very same land agent tactics.  In its original form, it was enforceable by the Pennsylvania authorities.  In its current incarnation, it's not worth the paper it's printed on.  It's mere suggestion that is more for the landowner's benefit as an imaginary security blanket than it is a set of rules for Clean Line's land sharks.

The "Code" was re-used by TrAILCo's parent company for their subsequent PATH project.  Turned out that the West Virginia PSC wasn't interested in enforcing it, therefore, the document was worthless.  PATH land sharks violated it constantly, according to affected landowners.

And now Clean Line has plagiarized this document from PATH, thinking it will fool a whole new crop of rubes in the midwest.  Not.  It's even complete with the same PATH-created typos... what a bunch of idiots you are, Clean Line!!

So, what's your best defense?  Refuse to speak or interact with Clean Line land sharks without the assistance of your attorney and insist that all conversations be recorded.  You'll still have to pursue any "violations" through civil court, but I have a feeling the land sharks won't be so willing to star in your own personal video production and will avoid you and your camera or tape recorder like a.... plague of bolt weevils, perhaps?
8 Comments
bh link
3/21/2013 12:01:35 am

Keryn is exactly right. This recycled "code of conduct" is not for land agents at all. It is for PR only.

If you are a land owner, the only way to protect yourself is to refuse to deal with these people and to work together with your neighbors to identify the misleading statements and misrepresentations the land agents are using.

I went back and read the PA TrAIL court order. Everyone should read the order, because you can see that you are not alone in your fight against these sharks. These things have happened before, in other places, in exactly the same way they are happening to you.

After you read the court order and the proposed (now much copied) code of conduct, go on and read the "agreement" that TrAIL proposed releasing all future claims once a damage payment has been made to the land owner.

Look at clause number 6: "The Undersigned agrees not to oppose TrAILCo's construction of the
Transmission line in any state or federal court, regulatory or administrative proceeding and to withdraw within seven (7) days after the date hereof any
opposition to the Transmission Line previously filed."

This is the kind of strong arm stuff you will face daily from the power companies who want your land.

Don't ever sign a document that has this kind of crap in it. Simply cross it out and put your initials next to the crossed out clause. Or better yet, hire a lawyer and prepare your own damage release, and any other agreement you sign with the power company.

There is no reason you have to sign any document that they prepare and shove under your nose.

There is certainly no reason that you should give them the right to sue your for exercising your rights to free expression and right to due process under the law.

Reply
Keryn
3/21/2013 12:49:11 am

Yeah... the damage release waiver... it's not a BRIBE, remember that. I haven't seen that one show up yet. Maybe I should send a copy to Clean Line for their next trick?

Reply
Land owner
3/21/2013 04:42:53 am

When asked to leave property, promptly leave and do not return unless specifically authorized by Grain Belt Express Clean Line.
If I ask someone to leave my property, who is Grain Belt Express Clean Line to "authorize" that person to return? Grain Belt doesn't have the authority to "authorize" shit on my property, as long as it's still my property. Keep out you crooks!

Reply
bh link
3/21/2013 12:50:10 pm

Yeah, Clean Line, authorize this.

Reply
Aunt Be a link
4/1/2014 01:32:19 am

Report any and all mis-steps "Clean" Line reps make- including calling when they've been specifically notified to contact you only through the mail.
Not sure? Report it to your local leaders anyway and we'll see if there's a pattern emerging. (There is.)

Reply
Keryn
4/1/2014 01:57:51 am

Good advice, Auntie! For even more fun, compare the copy of PATH's Code of Conduct with its imitation plagiarized by Clean Line. Look at what they changed, and then think about why they might have done that. How many other dastardly deeds might land agents perpetrate on landowners that aren't in the Code? The list is endless! Beware, Missouri, Illinois, Iowa, Kansas, Oklahoma, Indiana, Tennessee, Arkansas!

Reply
Keryn
4/1/2014 02:03:27 am

Also, do not feel pressured to make any deals BEFORE Clean Line has all its necessary permits/approvals in hand. No construction or right of way payments will commence before that time (Clean Line is offering a 10% "deposit" at signing, which is a pittance!). Once approval of these projects is denied, a landowner who has signed early can be subject to Clean Line selling or transferring its interest in your property to other parties, and there's nothing you can do about it. That "deposit" isn't worth the hassles! Landowners targeted for the MAPP transmission project signed away their interest before a permit was issued. The transmission project was subsequently not approved and was abandoned and never built. However, the rights of way owned by the transmission owner have been retained by the company. They now own enough right of way to build whatever they want through Maryland's eastern shore. Don't be hasty! Tell land agents to go away until Clean Line has all its approvals in all states (which is never going to happen!)

Reply
J.B.
4/3/2014 01:56:46 am

Great advice Keryn, and that's exactly what the vast majority of landowners in eastern Kansas intend to do, no negotiations with Clean Line land agents until they have all their regulatory approvals for the entire route of the GBE in hand.

Reply



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    About the Author

    Keryn Newman blogs here at StopPATH WV about energy issues, transmission policy, misguided regulation, our greedy energy companies and their corporate spin.
    In 2008, AEP & Allegheny Energy's PATH joint venture used their transmission line routing etch-a-sketch to draw a 765kV line across the street from her house. Oooops! And the rest is history.

    About
    StopPATH Blog

    StopPATH Blog began as a forum for information and opinion about the PATH transmission project.  The PATH project was abandoned in 2012, however, this blog was not.

    StopPATH Blog continues to bring you energy policy news and opinion from a consumer's point of view.  If it's sometimes snarky and oftentimes irreverent, just remember that the truth isn't pretty.  People come here because they want the truth, instead of the usual dreadful lies this industry continues to tell itself.  If you keep reading, I'll keep writing.


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