WALDO — Jon Bigler has grown and sold Christmas trees on his farmland in Waldo for 30 years. A natural gas pipeline runs beneath the heart of his property, but Bigler says the trees he planted above it had never been a problem — until recently.
ANR Pipeline Company, owned by TC Energy, had trees cleared within 25 feet on both sides of the of the pipeline a few months ago without Bigler's approval. An aerial view of the property shows a long strip of cleared land where only stumps remain.
Watch: After ANR Pipeline Company cleared trees from Jon Bigler's Christmas tree farm a few months ago, the company's owner and Bigler are now both speaking about what led to the situation and what could be done to resolve it.
"Instead of giving me a couple more months, they went right out and cut them down and chipped them up," Bigler said.
Bigler says hundreds of trees that were ready for this year's holiday season were among those removed.
"And they can't wait until Christmas? Come on," Bigler said.
TC Energy offered Bigler nearly $32,000 in damages — but the non-disclosure agreement that came with the offer included a significant condition. The agreement states:
"The Owner agrees not to knowingly and intentionally re-cultivate, re-seed, etc. any crops, trees or vegetation... that is subject to the ANR pipeline... as part of a commercial business."
Bigler says he rejected the offer.
"No. No way in hell. No way," Bigler said. "I can't plant trees here at all. I can't have nothing here."
TC Energy spokesperson Suzanne Wilton agreed to an interview and said safety drove the company's decision.
"We understand this has been difficult for Mr. Bigler, and we respect the impact that this has had on his business. Our responsibility is to keep people safe, including Mr. Bigler, his property and the surrounding community," Wilton said.
When pressed on why the NDA would require Bigler to never grow Christmas trees over the pipeline again, Wilton said the company is required to meet regulations and that the agreement has been in place for many years. Wilton also said the trees had grown substantially over time, which is why the issue arose now.
Wilton says safety is non-negotiable, but compensation is.
"We have tried to talk with Mr. Bigler. We remain ready and willing to have that conversation, and we just need Mr. Bigler to come to the table," Wilton said.
A right-of-way agreement obtained through the Sheboygan County Clerk shows that in 1965, the former landowner agreed to let the company bury a pipeline underground in exchange for $122. TC Energy says that the agreement gave the company the right to clear the trees without Bigler's permission, so long as the company pays for damages.
However, the right-of-way document also states that if compensation is not mutually agreed upon, it is "to be determined by three disinterested persons" — one negotiator appointed by the company, another by the landowner, and a third mutually agreed upon by both parties.
Bigler claims that the process was never followed because he was never asked to have a third-party negotiator represent him. He also says TC Energy never contacted him to help choose a mutually agreed upon third negotiator.
"Treat me fair. Go back to your word when I started," Bigler said. "Yes, you can plant softwoods."
With the cleared section of land and an uncertain path forward, Bigler says he does not know what the future holds for his farm.
"How do you hope this situation ends?" Investigative Reporter Ben Jordan asked.
"I hope I can get my land back the way it was," Bigler responded.
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