A Texas Right of Way Agreement (For Water Pipeline) is a legal document that allows a pipeline company or utility provider to gain access to a specific area of private or public land in Texas for the construction, operation, and maintenance of a water pipeline. It provides the necessary legal permissions and outlines the rights, responsibilities, and obligations of both parties involved in the agreement. The agreement typically includes several key elements to ensure clarity and compliance. These may include: 1. Scope and Location: The agreement should clearly define the specific area of land where the water pipeline will be located and any associated easements or land requirements. 2. Rights and Obligations: It outlines the rights granted to the pipeline company, such as the right to survey, construct, install, operate, repair, and maintain the water pipeline. The landowner's rights, such as compensation for land use and protection of property, are also addressed. 3. Compensation: The agreement specifies the compensation terms for the landowner, which may include upfront payments, annual or periodic payments, or a combination of both. It could also include provisions for damages, restoration, and maintenance. 4. Construction and Operation: The agreement may include provisions related to construction timelines, project specifications, safety requirements, environmental protection measures, and any necessary permits or regulatory compliance. 5. Insurance and Indemnification: It states the insurance requirements for both parties and addresses indemnification, holding harmless, and liability aspects in case of any accidents, damages, or third-party claims. 6. Termination and Renewal: The agreement outlines the conditions under which the agreement can be terminated by either party, including breach or expiration. It may also include renewal terms and negotiations. There may be different types of Texas Right of Way Agreements (For Water Pipeline) based on specific requirements, parties involved, or purposes. These may include: 1. Temporary Right of Way Agreement: This type of agreement allows temporary access to the land for specific purposes, such as surveying, construction, repairs, or maintenance. It typically has a specified duration and may involve temporary easements. 2. Permanent Right of Way Agreement: This type of agreement grants a long-term or perpetual right of way to the pipeline company for continuous access, operation, and maintenance of the water pipeline. It may involve greater compensation and more detailed terms and conditions. 3. Easement Agreement: An easement agreement grants the right to use a specific portion of the land for the pipeline, while the landowner retains ownership and use of the remaining land. It may outline the specific width of the easement and any restrictions on land use within that area. In summary, a Texas Right of Way Agreement (For Water Pipeline) is a legal instrument that allows a pipeline company or utility provider to obtain access to private or public land for water pipeline construction. It covers various essential aspects, including location, rights, compensation, construction, operation, insurance, termination, and renewal.
Texas Right of Way Agreement (For Water Pipeline)
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To put this in numbers, it could be as little as 50% of the easement land value, or up to 30% or more of the whole property value. The more intrusive the easement on the land (ex. - runs diagonal across the whole property vs. just down the fence line), the more impact it will have.
Normal gardening and agricultural activities are generally acceptable, but you should never dig or construct anything within the easement without first contacting the pipeline operator. Fences across the ROW can affect corrosion protection and restrict access, buildings or trees can impair visibility.
A crossing, also known as an encroachment, can be a temporary or permanent structure across, on, along or under a facility or pipeline right-of-way. A crossing can also mean equipment or machinery crossing over the pipeline right-of-way or facility site. Examples of crossings: Installing or replacing fencing.
A pipeline right-of-way (ROW) is a strip of land of varying widths that may contain one or more pipelines. To deliver critically needed natural gas via our network, Enbridge must at times cross private and public lands.
Above-ground pipeline markers are used along the permanent right-of-way for easy recognition of the presence of underground pipelines. The markers are typically located in a ?line of sight? manner within the rights-of-way, along streets and at road and railroad crossings.
Pipeline Right-of-Ways When a pipeline is first constructed the pipeline owner obtains a contract with the property owner allowing them to use the land for their pipeline. These contracts are referred to as easements, or right-of-ways.
Most normal agricultural activities are permitted on the pipeline right-of-way, but some activities still require written consent to ensure the safety of everyone involved, either due to the depth of the activity, or the weight of the equipment involved.
Instead, the law will imply an easement exists. In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.
