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C.__Establish a fee for services in an amount not to exceed | | $175 for every 4 hours of mediation services provided.__In | | addition, the landowner is responsible for the costs of | | providing notice as required under subsection 7. |
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| | | 3.__Application; eligibility.__A landowner may apply for | | mediation under this subchapter if that landowner: |
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| | | A.__Has suffered harm as a result of an act or omission by a | | person surveying, constructing, operating or maintaining a | | natural gas pipeline on, over or under the landowner's land; |
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| | | B.__Applies for mediation under subsection 4: |
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| | | (1)__With respect to any dispute concerning acts or | | omissions occurring during the construction of the | | pipeline, within one year of the completion of pipeline | | construction on the property; or |
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| | | (2)__With respect to any dispute concerning acts or | | omissions occurring after the construction of the | | pipeline, within one year of the act or omission; |
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| | | C.__With respect to any claim regarding future crop | | deficiency, provides notice to the entity against whom the | | claim is made at least 30 days prior to the crop harvest in | | order to allow the entity to assess crop deficiency; |
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| | | D.__Has sought and failed to reach satisfactory agreement or | | settlement with the entity responsible for the harm; and |
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| | | E.__Submit to the Superior Court clerk all necessary fees at | | the time of application. |
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| | | 4.__Submission of application for mediation.__A landowner may | | apply for mediation under this subchapter by filing an | | application for mediation with the Superior Court clerk in the | | county in which the land that is the subject of the conflict is | | located.__The Superior Court clerk shall forward the application | | to the Court Mediation Service. |
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| | | 5.__Stay of filing period.__Notwithstanding any other | | provision of law, the period of time allowed by law or by rules | | of the court for any person to file for judicial review in any | | state court of any claim related to a dispute for which mediation | | is requested under this subchapter is stayed for 30 days beyond | | the date the mediator files the report required under subsection | | 12 with the Superior Court clerk, but in no case longer than 120 | | days from the date the landowner files the application for | | mediation with the Superior Court clerk. |
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| | | 6.__Purpose; conduct of mediation.__The purpose of a mediation | | under this subchapter is to facilitate a mutually |
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