Texas Pipeline Easement

State:
Multi-State
Control #:
US-OG-330
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Grantor grants, assigns, and conveys to Grantee, its successors and assigns, a right of way and easement and the privilege to lay, repair, maintain, operate, and remove pipelines and replace existing lines with other lines, for the transportation of oil or gas and related products, water, and any other fluids or substances, together with the right to install valves, fittings, meters and similar appurtenances as may be necessary or convenient to the operation of any lines, and to erect, repair, maintain, remove and operate electric lines, telephone lines, graphite and steel anodes, and other devices (for the control of pipeline corrosion), over, across, and through Grantor's land described within.

A Texas Pipeline Easement refers to a legal agreement between a landowner and a pipeline company that grants the company the right to use a portion of the land for the installation, maintenance, and operation of a pipeline. It is a crucial element in the development and maintenance of Texas's extensive network of pipelines. Here is a detailed description of what Texas Pipeline Easement entails, along with relevant keywords: 1. Definition: A Texas Pipeline Easement is a legally binding agreement that allows a pipeline company to utilize a specific area of private or public land for constructing pipelines to transport various commodities, including natural gas, crude oil, petroleum products, and water. 2. Landowner Rights and Compensation: When entering into a pipeline easement agreement, the landowner retains ownership of the land while granting the pipeline company limited rights to access and utilize the designated area. The agreement should clearly outline the compensation terms for the landowner based on factors like easement size, duration, surface damage, and potential interference with existing land use. 3. Eminent Domain: In cases where an agreement cannot be reached between the landowner and the pipeline company, eminent domain—an inherent power of the state to take private property for public use—can be invoked. However, strict regulations ensure that fair compensation is provided to affected landowners. 4. Environmental Considerations: Pipelines must comply with various environmental regulations, including federal, state, and local laws such as the Clean Water Act and the Endangered Species Act. The pipeline company is responsible for minimizing environmental impact during construction, operation, and maintenance while restoring land to its original condition post-construction. 5. Types of Texas Pipeline Easements: a. Permanent Easement: This type of easement grants the pipeline company indefinite access rights to the designated area for the entire lifespan of the pipeline. b. Temporary Easement: Typically used during initial pipeline construction, these easements are granted for a specified period, after which the land is restored to its original condition. c. Right-of-Way Easement: This type of easement grants the pipeline company a specific pathway or corridor for the pipeline, allowing them to access and maintain it easily. 6. Pipeline Safety: Pipeline companies must adhere to strict safety standards to prevent accidents, leaks, or spills. Regular inspections, maintenance, and monitoring procedures are enforced to ensure the integrity and safety of the pipeline and surrounding areas. 7. Legal Documents: The pipeline easement agreement is formalized through legal documents such as an easement deed or contract, outlining the rights and responsibilities of both parties involved. These agreements are typically prepared and reviewed by attorneys familiar with the specific laws governing pipelines in Texas. In summary, a Texas Pipeline Easement refers to a contractual agreement that grants a pipeline company the right to utilize a portion of a landowner's property for pipeline installation and operation. By understanding the specific terms and types of pipeline easements, landowners can make informed decisions and negotiate fair compensation while safeguarding their rights and the environment.

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FAQ

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.

The chances of a pipeline leak or explosion on your property is relatively small, but the consequences can be huge.

Generally, an easement is a legal interest that allows someone the right to use another's property for a certain purpose. A pipeline easement specifically gives the easement holder the right to build and maintain a pipeline on a landowner's property.

There is no impact on demand for properties located along natural gas pipeline easements nor is development in areas with natural gas pipelines hindered. Natural gas pipelines do not affect the property value of any particular type of residence any more or less than another type of residence.

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

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.

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Determine remedies for violating the easement agreement. If a company violates the easement agreement, the landowner can file a lawsuit to terminate the ... Overview. This 5-page checklist contains many of the most common terms and considerations to include in a pipeline easement agreement. View on Agrilife Learn.New Pipeline Installations: Each application for installation of a new pipeline must include with the application a profile drawing showing the proposed depth ... Specify when the easement reverts back to the land owner and specify what constitutes abandonment of the easement. 3. Insert language that restricts the ... an overview of the Texas condemnation process; and (2) practical considerations when negotiating and drafting a pipeline easement. Nov 4, 2018 — Since many of these pipelines must cross private lands, the oil companies must first get permission — in the form of a pipeline easement in ... Sep 17, 2020 — Written agreements, or easements, between landowners and pipeline operators allow the companies to construct and maintain pipeline ROW across ... Sep 15, 2021 — Call or text 800-929-1725. How can you be aware of pipeline and other easements when buying land in Texas? Attorney Philip Hundl explains. A short form agreement granting a right-of-way and easement in real property for the construction, maintenance, and operation of a pipeline for the ... Oct 30, 2023 — Ideally, the compensation should cover all property damages you face due to their project. You have two choices: Agree to their proposal; Reject ...

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Texas Pipeline Easement