Once a pipeline route has been determined, the next step in the pipeline process is the securing of the right-of-way (ROW).
A right-of-way is the right to use the strip of land over and around a pipeline. A right-of-way must be acquired by the company from the landowner. Representatives of the pipeline company, typically referred to as right-of-way agents, locate the property owners through an examination of public records and begin negotiations to secure a right-of-way 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. The purchasing party is buying an interest in real property that provides for the uses described in the easement while the landowner retains ownership and all other rights to the property.
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.
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 safety and integrity of the pipeline and allow for access for routine or emergency maintenance, deep-rooted landscaping and permanent structures are not permitted on pipeline easements.