If pipeline construction has begun on your property, one important question Texas landowners should be asking is: Is the pipeline company staying within the easement area it has the right to use?
During a recent visit to an active pipeline construction site in Wharton County, Texas eminent domain attorney Phil Hundl highlighted why landowners should continue paying attention even after construction begins.
Whether you have already reached an agreement with the pipeline company or your property is still involved in a pending condemnation proceeding, understanding the boundaries of the easement can be important throughout the construction process.
What Rights Does the Pipeline Company Have on Your Property?
A pipeline company’s right to use private property generally depends on the rights it has acquired through an easement agreement or through the condemnation process.
Those rights are not necessarily unlimited.
The easement documents or condemnation petition may identify the areas where the company is authorized to work, including permanent easement areas and, in some situations, temporary construction areas.
Once construction begins, landowners should pay attention to whether equipment, excavation, materials, crews, or other construction activity appear to extend beyond those authorized areas.
Watch the Easement Boundaries During Construction
Pipeline construction can involve substantial activity on a property. Heavy equipment, pipe, vehicles, crews, excavation, staging areas, and other work may all be present at the same time.
That can make it difficult for a landowner to determine exactly where authorized construction activity ends.
Landowners may want to familiarize themselves with the easement boundaries before or during construction and continue monitoring activity as the project progresses.
If something appears inconsistent with the easement agreement or the rights being sought in a condemnation proceeding, it may be worth raising the issue.
Get the Construction Liaison’s Contact Information
During an active pipeline project, there will typically be a construction representative or liaison associated with the condemning entity.
Landowners should consider obtaining that person’s contact information.
If you observe construction activity that you believe may be occurring outside the easement area, or if something is happening on your property that appears inconsistent with the rights granted to the pipeline company, having a direct point of contact can make it easier to raise those concerns promptly.
What If Your Condemnation Case Is Still Pending?
Construction issues can arise even when a landowner has not reached a final agreement with the pipeline company.
If your matter remains pending in condemnation, it can be especially important to understand what rights the company currently has and what areas of the property those rights cover.
The scope of those rights may depend on the condemnation documents and the particular circumstances of the project.
Landowners should not assume that the beginning of construction gives the pipeline company unrestricted access to the entire property.
Document What Is Happening on Your Property
Active construction can change a property quickly.
Landowners may want to keep records of what is occurring during the project, including photographs or video of construction activity and the condition of the property.
Documentation can help create a clearer record if questions later arise regarding where work occurred or whether construction extended beyond the authorized area.
Texas Landowners: Stay Informed During Pipeline Construction
The beginning of pipeline construction does not mean landowners should stop paying attention to their property rights.
If construction is occurring on your land, consider reviewing the easement documents, understanding the areas where work is authorized, maintaining contact with the construction representative, and watching for activity that appears to extend outside those boundaries.
Every easement and condemnation matter is different, and the specific rights involved will depend on the documents and circumstances surrounding the project.
If you are a Texas landowner dealing with pipeline construction, a pipeline easement, or a pending condemnation matter, visit TxCondemnationRights.com for additional information and landowner resources.
If you have questions about a pipeline project affecting your Texas property, contact Land Rights Law to discuss your situation.
Call 800-266-4870 or text 979-320-9320 for an appointment. We can also arrange for online and telephone appointments all over Texas.