Once a pipeline route has been determined, the next step in the pipeline process is the securing of the right-of-way.
Right-of-way (ROW) is a term referring to the strip of land over and around a pipeline. ROW must be acquired by the company from the landowner. Representatives of the pipeline companies, typically referred to as right-of-way agents, locate the property owners through an examination of public records and begin negotiations to secure a ROW 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.
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 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.
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.