Pipeline construction can create a number of issues for Texas landowners, including concerns that may seem relatively minor during construction but can become significant if they are not addressed.
During a recent visit to an active pipeline construction site in Wharton County, Texas, eminent domain attorney Philip Hundl pointed out two issues landowners should pay particular attention to: fencing and construction debris.
Why Fencing Matters During Pipeline Construction
Fencing can be especially important when pipeline construction crosses agricultural or ranch property.
If cattle or other livestock are present, temporary or permanent fencing needs to remain secure throughout construction. Loose fencing, open gates, or improperly secured construction areas can create problems for both the landowner and livestock.
On row-crop property, fencing may not present the same immediate concern, but landowners should still monitor the construction area and make sure the contractor is operating within the rights granted under the easement or condemnation documents.
For properties with livestock, landowners should pay particular attention to:
- Temporary fencing installed during construction
- Gates that are opened or removed
- Areas where existing fencing has been disturbed
- Whether livestock remain properly contained
- The condition of fencing when construction is complete
A relatively small fencing problem can quickly become a much larger issue when cattle or other livestock are involved.
Watch for Debris in the Pipeline Easement
Construction debris is another issue landowners should monitor.
Pipeline projects can involve heavy equipment, wooden construction mats, tires, temporary road materials, and numerous other items used to move equipment and workers across the property.
After construction, pieces of these materials may sometimes remain behind.
For example, ground-up pieces of tires or other material used around construction entrances and road crossings can end up within the pipeline easement—or potentially outside the easement area.
Landowners should inspect their property for:
- Pieces of construction mats or lumber
- Tire fragments
- Wire
- Trash
- Construction materials
- Other debris left in fields or pastures
These materials can interfere with farming operations, damage equipment, create hazards for livestock, or simply prevent the property from being restored to an acceptable condition.
Review the Easement and Document Concerns
Pipeline easements and condemnation documents often address construction, cleanup, debris removal, and property restoration. Landowners should keep copies of these documents and monitor conditions during construction.
If concerns arise—such as damaged fencing, debris, or activity outside the easement—take photos or videos and keep a record of the issue. This documentation may be helpful if questions arise about the pipeline company’s responsibilities or the condition of the property.
Small Pipeline Construction Problems Can Become Larger Landowner Issues
Loose fencing or a few pieces of debris may initially appear to be minor concerns. But for a landowner trying to operate a farm, ranch, or other agricultural property, those issues can have real consequences.
Texas landowners affected by pipeline construction should continue monitoring their property throughout the project and make sure the construction company complies with the rights and obligations established in the easement or condemnation documents.
If you are dealing with a proposed pipeline easement, active pipeline construction, or an eminent domain proceeding in Texas, it is important to understand exactly what rights are being requested over your property.
Visit TxCondemnationRights.com for more information about pipeline easements, condemnation projects, eminent domain, and Texas landowner rights.
Contact Land Rights Law for more information or to guide you through the condemnation process.
Call 800-266-4870 or text 979-320-9320 for an appointment. We can also arrange for online and telephone appointments all over Texas.