That's the question posed by Missouri Landowners Alliance and Eastern Missouri Landowners Alliance in the petition recently filed in the Circuit Court of Randolph County.
MLA/EMLA contend that because the Missouri Public Service Commission's Certificate of Convenience and Necessity provided that negotiations with landowners would be in compliance with the Missouri Landowner Protocol, and because the Protocol includes GBE's "Code of Conduct" for negotiating with landowners, therefore all negotiations shall be in accordance with GBE's Code of Conduct as filed in the record of the case.
The Code of Conduct says it:
MLA/EMLA contend that because the Missouri Public Service Commission's Certificate of Convenience and Necessity provided that negotiations with landowners would be in compliance with the Missouri Landowner Protocol, and because the Protocol includes GBE's "Code of Conduct" for negotiating with landowners, therefore all negotiations shall be in accordance with GBE's Code of Conduct as filed in the record of the case.
The Code of Conduct says it:
applies to all communications and interactions with property owners and occupants of property by all employees, right-of-way agents and subcontractor employees representing [Defendant Grain Belt] in the negotiation of right-of-way and the performance of surveying, environmental assessments and the other activities for the Grain Belt Express project (the “Project”) on property not owned by Grain Belt Express.”
The Code of Conduct further states:
“[a]ll communications and interactions with property owners and occupants of property must be respectful and reflect fair dealing”. That statement was immediately followed by subparagraphs (a) through (p). Subparagraph (g) of that list states in part as follows: “Obtain unequivocal permission to enter the property for purposes of surveying or conducting environmental assessments or other activities.”
MLA/EMLA contends that attempts to negotiate easements with landowners are "other activities," therefore GBE must obtain unequivocal permission from the landowner to enter the premises for the purposes of discussing easements.
The Petition further asserts that GBE land agents have not been seeking, nor have they been granted, permission to enter private property. They have been simply showing up on landowner doorsteps and attempting to negotiate easement agreements on the spot.
The Petition seeks a declaration that GBE land agents who enter private property without first obtaining unequivocal permission to enter from the landowner are trespassing, and that GBE be enjoined from further trespassing without landowner permission.
The case has been docketed and assigned to a judge. Keep your eye on it!
Meanwhile, beware of GBE land agents showing up at your place unannounced... they may just be trespassing!
The Petition further asserts that GBE land agents have not been seeking, nor have they been granted, permission to enter private property. They have been simply showing up on landowner doorsteps and attempting to negotiate easement agreements on the spot.
The Petition seeks a declaration that GBE land agents who enter private property without first obtaining unequivocal permission to enter from the landowner are trespassing, and that GBE be enjoined from further trespassing without landowner permission.
The case has been docketed and assigned to a judge. Keep your eye on it!
Meanwhile, beware of GBE land agents showing up at your place unannounced... they may just be trespassing!
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