Dealing with Surveys

» Advice for Municipal Leaders on Landowner Resource Page
» No Survey / No Trespassing Signs

So KM surveyed your land, even though you’ve sent denial of permission letters?


— If they ask permission, tell them no and let them know that you have filed a letter denying TGP permission to survey your land (or have otherwise not signed to give them permission).

— If they say they have the right to be there, ask them, “On what specific legal authority do you think you have a right to be on this property?”  Find out what law they think allows them to be there.

— If they insist on coming onto your land, you have the right to call the police. Inform them that you will, and follow up if they go ahead onto your property.

— Take photos and, if possible, video of the survey markers on your land. A camera that marks GPS is best. Very often, a smart phone camera will have that option along with time stamping.

— File a police report for trespass. Don’t forget to tell the police department about your official denial letters being received by Kinder Morgan.

— Notify the press.

— Send a letter of complaint (via registered mail) to KM, putting them on notice that you have filed police reports for trespass.

Points to make in a letter of complaint:
– You have filed a letter of denial (or rescission) of permission to survey with TGP.
– If you received a certified delivery receipt, include a scan or copy of it in the letter.
– The crew did not contact you for a verbal before arriving which would have allowed you the opportunity to tell them that you have not given permission and have filed a denial of permission letter.
– Include any photos of the survey markers left, any damage to your property (limbs cut, any bore holes, etc.) and a copy of the police report about the survey crew trespass.
Send this via certified mail to TGP.

Send copies of this to FERC and all of your elected officials: selectmen and legislators, the state Attorney General, Governor and Congressional Reps.

— If you haven’t yet done so, send a letter to Deny Permission to Survey.  If you previously gave permission, you can send a Rescind Permission to Survey Letter.  This should be filled out, scanned or copied for your records and sent to the TGP office at the top of the letter via certified mail, so you get confirmation when their office receives the letter.  Also send a copy of it, and if possible, the receipt confirmation to FERC, Docket #CP16-21 for KM Northeast Energy Direct or #PF16-1 if Spectra Access Northeast.

— Post no trespassing signs on your property. If you have space for specific reference to TGP Surveyors on a store-bought sign, please do so!
» Or download and print one of OUR CUSTOM SIGNS

— Make sure to send a Deny Permission or Rescind Permission Letter via certified mail and save the receipt

— Put up No Trespassing or No Survey signs on edges of your property (see above)

— Set up neighborhood watch
– Network, share contact info with your neighbors, agree what level of action is ok in your absence (photos or video of evidence as its happening, contact police for you)

– Hold a potluck and invite all neighbors along the pipeline route to talk about the issue and help others fill out and file Deny or Rescind Permission letters.

– Hook up wildlife cameras or other security cameras.  Sports stores often offer motion-activated cameras for very little, and it can catch evidence when you’re not present.

— Ask you local officials to adopt provisions to prevent private companies from conducting surveys without permission from the board of Selectmen (see statement below)

A note on survey issues from MassPLAN Director, Katy Eiseman:
Many of you have heard that KM surveyors are once again out putting up markers along roads, including on private property that may or may not be within the town highway department’s easements.

I would like to once again urge people to ask their select boards to adopt provisions similar to those adopted by Groton, Ashby and most recently, North Reading, seen on page 2 of this letter.

This is language that Groton worked out with a consultant together with town counsel last summer:

“Moved, that no Private Company or Corporation shall be allowed to conduct surveying activity on any public way within the Town of Groton for the purpose of a natural gas pipeline project, without the express written consent of the Board of Selectmen, until such time as a Public Interest Determination has been made in accordance with the applicable Federal Energy Regulatory Commission application process for such project.”