Once a pipeline route has been determined, the next step in the pipeline process is the securing of the right-of-way (ROW).
Right-of-way is a term referring to the strip of land over and around a pipeline where a pipeline company purchases a portion of the landowner’s legal rights to the property. Right-of-way agents, representing pipeline companies, locate the property owners through an examination of public records and begin negotiations to secure a right-of-way agreement (or easement agreement).
An easement gives a person or entity the right to use the land of another for a particular purpose, such as a pipeline route, but does not convey ownership.
There are basically two types of easements: a temporary easement and a permanent easement. A temporary easement designates additional surface area above and around the pipeline which will be used during the construction phase. This type of easement agreement will specify the amount of time needed and the specific uses allowed for the temporary easement. The surface owner will receive compensation for the temporary easement and surface damages due to construction.
Once the pipeline is completed, the permanent easement provides the pipeline company a permanent, limited interest in the land so that it may operate, test, inspect, repair, maintain, replace and protect one or more pipelines on the property owned by others. Surface owners may be restricted on their future use of the land on a permanent easement to ensure the pipeline’s longevity and safety, but still maintain ownership.
No. Property owners may install a variety of surface amenities above pipelines, including sidewalks, driveways, parking lots and shallow-rooted landscaping. To maintain the integrity of the pipeline and allow for safety inspection access, deep-rooted landscaping and permanent structures are not permitted on pipeline easements.
In Texas, landowners are granted certain rights by law, which are applied when either the government or a private entity begins negotiations to acquire a landowner’s property. These rights are defined in a document called the Landowner's Bill of Rights, which is issued by the Texas Attorney General's office. This document is provided to each landowner who is entering into negotiations with a gas utility company, as required by state law.
An example of the Landowner's Bill of Rights provided by Texas Attorney General's Office.
An explanation of eminent domain is contained in the Landowner’s Bill of Rights. The right of eminent domain allows for just and reasonable compensation to a property owner if their land is acquired for public use. Many natural gas pipeline companies have been granted this right by the state where gas pipeline routes are located because they transport a resource needed by the public at large.
Without the forethought of our country’s founders to develop the policy of eminent domain, we might still be washing clothes in streams instead of using piped-in water and driving to work on dirt roads instead of super highways. Innumerable projects which benefit the community as a whole are accomplished daily by the state and other designated entities through the attainment of rights-of-way through eminent domain. TMGS remains sensitive to the concerns of surface owners in determining our pipeline rights-of-way and works diligently to reach an agreement that is acceptable to all parties involved.