Land Trust

Tennessee Gas Pipeline, LLC

Re: ______

Dear ______,

I write in response to Tennessee Gas Pipeline, LLC’s request for permission to surveyour above-referenced land, located in ______, Massachusetts. It is our understanding that the purpose of the requested survey is to facilitate your company’s plan to lay a natural gas pipeline through our property.

We must stress that we are opposed to any pipeline being laid through our land. As you are aware, this land has been set aside for conservation purposes. Itsimportanceto our community depends on preserving its environmental and ecological integrity. Clearing a pathway and digging a trench for a pipeline, with its attendantdestruction and disruption of vegetation and fauna, is fundamentally incompatible with these values. We willtherefore oppose any plan to go through our property, whether before the Federal Energy Regulatory Commission (FERC), before local and state permitting authorities, or in court. Wereyour companyto succeed in procuring the necessary regulatory approvals, and in defeating any court challenges to those approvals, we would litigate strenuously to ensure that any eminent domain valuation of our property took fair account of the special—we would submit, incalculable—value of conservation land. SeeNewton Girl Scout Council, Inc. v. Massachusetts Turnpike Authority, 335 Mass. 189, 191-200 (1956) (recognizingthat market value of girl scouts’ secluded forest refuge was not a fair eminent domain valuation of the land).

[Here, include a paragraph describingany particular features of the property that made it such a valuable acquisition for the Trust, and which are incompatible with the disturbance that a pipeline would cause.]

Our hope is that, in recognition of the great value and importance of this land to our community, and our determination to protect it from any damage and disturbance, you will opt to plot a different course for any pipeline. We do not at this time give consent to your entry upon the land for any purpose. To the end of advancing our understanding of your plans, I ask that you please respond to this letter in writing, answering the following questions:

  1. How was the route for the proposed pipeline developed? Please provide any analysis that was conducted by your company or its representatives in developing the route for the proposed pipeline that includes our property.
  1. What alternative routes have been or are being considered for the pipeline?
  1. What is the company’s anticipated timeline and plan for completing and submitting appropriate applications for the pipeline to FERC, the Massachusetts Department of Public Utilities, and other appropriate governmental entities?
  1. What market conditions have prompted your company’s desire to build the pipeline? Geographically, what markets will the gas conveyed by the pipeline serve?

To date, we have received very little information concerning the pipeline, [and have found no information about the pipeline on the FERC website]. We believe that it will be beneficial for all parties if you are more forthcoming in explaining your company’s process and intentions.

Thank you very much for your time. We look forward to hearing from you.

Sincerely,

______