Texas Landowner Representation

Navigating Eminent Domain for the Matterhorn Express Pipeline

Protecting Texas landowner rights and pursuing fair compensation for property impacted by the Matterhorn natural gas pipeline.

The Matterhorn Express Pipeline Project in Texas

The Matterhorn Express Pipeline is a significant natural gas pipeline project designed to transport substantial volumes of natural gas from the Permian Basin in West Texas to processing and market hubs near Houston. Developed by a consortium including entities such as Kinder Morgan, EnLink Midstream, Devon Energy, and MPLX LP, this project has involved the use of eminent domain to acquire pipeline easements across numerous private properties.

Landowners along the proposed and constructed route face critical decisions regarding easement terms, compensation, and the long-term impact on their property.

Understanding the Project: Route and Purpose

The Matterhorn Express Pipeline typically involves a 42-inch natural gas pipeline. Its general route extends approximately 490 miles from the Waha Hub area in Pecos County (Permian Basin) eastward towards the Katy Hub area near Houston, traversing multiple Texas counties.

The primary purpose of the pipeline is to move large quantities of natural gas from the productive Delaware Basin and other parts of the Permian to meet demand from Gulf Coast industrial consumers, LNG export facilities, and other markets. This necessitates securing right-of-way across diverse types of land, including agricultural, rural residential, and potentially commercial properties.

Matterhorn Express Overview Map

Eminent Domain and Your Rights as an Affected Landowner

If your property lies along the Matterhorn Express Pipeline route, the pipeline company may seek to acquire an easement through negotiation or, if necessary, through eminent domain condemnation proceedings. You have significant rights under Texas law as a property owner.

These include the right to receive a bona fide offer, the right to negotiate easement terms and compensation, the right to an appraisal, and the right to a hearing before Special Commissioners and potentially a jury trial if fair compensation cannot be agreed upon.

Understanding and asserting these rights is crucial.

Key Considerations for Matterhorn Pipeline Easements

When negotiating an easement for the Matterhorn Express Pipeline, or any major pipeline, several critical factors demand attention:

Easement Terms and Negotiation

The proposed easement agreement from the pipeline company is a legally binding contract that will impact your property indefinitely. It’s essential to scrutinize and negotiate terms regarding:

  • The width and precise location of the permanent easement and any temporary construction workspaces.
  • Restrictions on your future use of the land within and near the easement (e.g., building structures, planting trees, digging).
  • The number and type of pipelines allowed (“line stacking”).
  • Surface restoration requirements after construction.
  • Access rights for the pipeline company for maintenance and repair.
  • Liability and indemnification clauses.

Compensation for the Taking

You are entitled to just and adequate compensation. This includes not only payment for the easement rights themselves but also for any damages to the value of your remaining property.

Damages to Your Remaining Property

The presence of a high-pressure natural gas pipeline like the Matterhorn can impact the market value and usability of your land outside the direct easement area (remainder damages). Factors include:

  • Proximity of the pipeline to homes or improvements.
  • Severance of property, making portions less useful.
  • Impact on future development potential.
  • Safety concerns (perceived or real) affecting marketability.
  • Limitations on surface use.

How Dawson & Sodd Assists Landowners Impacted by the Matterhorn Pipeline

Dawson & Sodd has experience representing Texas landowners in negotiations and condemnation proceedings involving major natural gas pipelines like the Matterhorn Express. Our attorneys understand the specific tactics used by pipeline companies and the unique valuation challenges these projects present. We work diligently to:

  • Thoroughly review the pipeline company’s proposed route and easement agreement.
  • Identify all potential damages to your property, including the easement area and your remaining land.
  • Engage knowledgeable appraisers and other professionals to determine full compensation.
  • Aggressively negotiate with representatives for Kinder Morgan and other involved entities for fair compensation and more favorable easement terms.
  • Represent landowners in Special Commissioners’ Hearings and court if a just resolution cannot be achieved through negotiation.

Our goal is to ensure your rights are protected and you receive the full compensation you are entitled to under Texas law when dealing with the Matterhorn pipeline project.

Related Pipeline Condemnation Resources

For more general information that also applies to the Matterhorn project:

Contact Us About the
Matterhorn Express Pipeline

If your property is affected by the Matterhorn Express Pipeline, or if you have received communication from Kinder Morgan or its representatives, do not hesitate to seek legal counsel. Contact Dawson & Sodd today for a free, confidential consultation to discuss your specific situation and learn how we can help protect your interests.