Texas Landowner Representation

Navigating Texas Pipeline Easement Condemnation

Protect your property rights and value when facing eminent domain for oil, gas, or other pipeline projects in Texas.

Pipeline Projects and Eminent Domain in Texas

Texas is crisscrossed by thousands of miles of pipelines carrying essential resources. Companies building these pipelines often need to acquire land access, and many have the power of eminent domain under Texas law to obtain “easements” across private property if voluntary agreements fail. Common carriers and gas utilities frequently exercise this power.

Understanding Pipeline Easements

Unlike taking full ownership, pipeline condemnation usually involves acquiring an easement. An easement grants the pipeline company the right to use a specific portion of your land for a defined purpose (installing, operating, maintaining the pipeline) while you retain underlying ownership. The terms of this easement agreement are critically important and often negotiable.

Key Issues in Pipeline Condemnation Cases

Landowners facing pipeline condemnation often encounter specific challenges:

Easement Width and Location: Is the proposed easement wider than necessary? Can its location be adjusted to minimize impact?
Surface Use Restrictions: What can you or can’t you do within the easement area (e.g., build structures, plant trees)? These terms need careful review.
Compensation for Easement: Ensuring payment reflects not just the easement area’s value but also damages to the rest of your property.
Multiple Pipelines (Line Stacking): Does the easement allow future pipelines within the same area without additional payment?
Construction Damages: Compensation for temporary disruption, crop loss, or surface damage during installation.
Safety and Maintenance: Understanding the pipeline company’s rights and responsibilities for ongoing maintenance and safety.

Negotiating Fair Compensation and Terms

Remember, the initial offer and proposed easement agreement from the pipeline company are negotiable. Full compensation includes the fair market value of the easement itself plus any decrease in value to your remaining property caused by the pipeline’s presence and use restrictions (remainder damages). Equally important is negotiating favorable terms within the easement document itself to protect your future use of the land as much as possible.

For example, in a recent case involving a natural gas pipeline in Central Texas, we helped a landowner facing partial taking for high-pressure natural gas pipeline easement on their ranch. After an initial offer of $199,507, we obtained a final net recovery for our client of $1,500,000.

How Dawson & Sodd Assists with Pipeline Cases

Our attorneys leverage their significant experience with Texas pipeline condemnation cases to help landowners:

Analyze proposed pipeline routes and easement locations.
Carefully review and negotiate the complex terms of easement agreements to add landowner protections.
Challenge inadequate compensation offers by working with appraisers familiar with pipeline impacts.
Address surface use conflicts and potential damages during and after construction.
Represent landowners through the entire condemnation process, including negotiations, hearings, and court proceedings if needed.

We understand the unique ways pipelines impact property value and use in Texas.

Frequently Asked Questions About Pipeline Easements

Often, yes, but it depends entirely on the specific terms written in the easement agreement. It’s crucial to negotiate terms that allow for compatible surface uses while respecting the pipeline company’s need to access and protect its pipeline. Restrictions on building structures or planting deep-rooted trees are common.

No, typically not. Compensation for a pipeline easement is usually paid as a one-time, upfront payment representing the fair market value of the easement rights being acquired and any damages to the remainder property. It’s not an ongoing rental agreement.

The easement agreement may outline responsibilities for damages caused by operations or leaks. Separate legal claims could also arise depending on the circumstances. It’s important to have clear terms in the easement regarding the pipeline company’s liability and restoration duties.

This depends entirely on the wording of the easement agreement. Landowners should strongly resist language that allows the company to add more lines (“stacking”) within the same easement without further negotiation and compensation. The agreement should clearly define the number and type of pipelines permitted.

Related Condemnation Information

Learn more about the overall process and your rights:

Your Texas Landowner Rights

Learn about protections regarding surveys, notices, and fair treatment.

The Texas Condemnation Process

Learn the step-by-step procedure to know your rights.

Securing Just Compensation

Discover how fair value and damages are determined in your case.

Real Results for Texas Landowners

Don’t just take our word for it. See how we’ve helped landowners like you. View all Case Results.

Landowner Awarded

$200,000

Initial Offer

$1,500,000

Final Recovery

Pipeline Case – Central Texas

Landowner Awarded

$348,000

Initial Offer

$1,900,000

Final Recovery

Pipeline Easement – Ranching Properties

Protect Your Land
During Pipeline Condemnation

Don’t sign a pipeline easement agreement without fully understanding its terms and ensuring fair compensation. Contact Dawson & Sodd for a free consultation regarding your Texas pipeline condemnation case.

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