What Texas Landowners Should Watch as Pipeline Crews Move In

In this on-location video from Wharton County, Texas eminent domain attorney Phil Hundl walks through preparations underway along the Traverse Pipeline and highlights what landowners may see as construction approaches. From tract number signs and property access points to construction mats, temporary workspace, topsoil segregation, and cleanup concerns, Phil explains several details landowners should be aware of as pipeline crews begin working on or near their property.

When pipeline construction is getting ready to begin, landowners may suddenly notice numbered signs along county roads, construction mats being placed in fields, dirt being moved, equipment arriving, and crews accessing properties.

What does all of it mean?

Texas eminent domain attorney Phil Hundl recently visited an active pipeline construction area in Wharton County along the Traverse Pipeline route to point out several things landowners may encounter as crews prepare for construction.

Understanding what you are seeing—and paying attention to how your property is being used—can be important throughout the construction process.

What Are the Numbered Signs Along a Pipeline Route?

One of the first things landowners may notice is a series of temporary signs containing handwritten numbers.

These numbers typically identify individual tracts along the pipeline route.

Contractors, subcontractors, pipeline construction crews, and other personnel can use these tract numbers to determine where they need to enter the project and which property they are working on.

For example, a sign may direct crews toward Tract 24 in one direction and Tract 26 in another. These markers help construction personnel navigate a project that may cross many individual properties.

How Will Pipeline Crews Access Your Property?

Pipeline companies generally try to access easement areas from existing public roads or highways when possible.

Although temporary or permanent access roads may still be necessary on some properties, Phil notes that landowners may see pipeline crews accessing multiple tracts directly from county roads.

Landowners should pay attention to where crews are entering and leaving their property and how those access points correspond with the rights granted to the pipeline company.

If you have questions about how your property can be accessed, review the terms of your easement agreement or the applicable condemnation documents with your attorney.

Why Are Construction Mats Placed in Fields?

Landowners may also see temporary board roads or wooden construction mats placed across fields.

These mats can help heavy equipment travel across agricultural land and other areas during construction. However, wooden mats can create another concern for the property owner: wood fragments, splinters, shards, and other debris left behind after the mats are removed.

Landowners should pay attention to the condition of these areas after construction and make sure cleanup and remediation are properly addressed.

Rubber mats may sometimes be an alternative, although they can present their own challenges. Heavy rain, wet ground, and equipment movement can affect how well those mats perform.

The important point for the landowner is to understand what is being placed on the property and to inspect the area after it is removed.

Why Is the Construction Area Wider in Certain Places?

Landowners may notice areas along a pipeline route where construction activity extends beyond the typical width of the permanent easement and temporary workspace.

There may be a specific construction reason for the additional workspace.

For example, where a pipeline needs to cross underneath a county road, the contractor may require a larger area of temporary workspace to accommodate the equipment, excavation, dirt piles, and other activities necessary for the road crossing.

That can mean additional land is temporarily affected by the project.

Landowners should understand where additional temporary workspace has been requested or acquired and how that area will be used.

Pay Attention to Topsoil Segregation

Agricultural landowners should also pay close attention to how soil is handled.

When topsoil is removed during construction, proper segregation of the topsoil can be important to the restoration of productive agricultural land after the pipeline has been installed.

As Phil points out in the video, landowners should watch how the soil is being removed, piled, and ultimately replaced.

Documenting conditions with photographs and video before, during, and after construction can also help create a record of what occurred on the property.

Pipeline Construction and Harvest Timing

The timing of construction can make a significant difference for agricultural landowners.

In this particular Wharton County field, the cotton had already been harvested before construction preparations began. That timing may be preferable to construction occurring in the middle of planting, growing, or harvest activities.

If you have crops, livestock, irrigation systems, drainage concerns, or other agricultural operations that could be affected by construction, those issues should be identified and communicated as early as possible.

Even Small Construction Details Can Matter

Some concerns may seem relatively minor until construction actually begins.

For example, where will portable toilets be placed? Where will crews park? Where will equipment be staged? How will contractors enter the property?

A landowner may have a legitimate reason for requesting that certain construction-related facilities or activities be located away from a particular area.

If you have a special request or concern, communicate it to your attorney. Your attorney can address the issue with the pipeline company or its attorneys, who can then communicate with the appropriate right-of-way agents, construction liaisons, or contractors.

What Should Texas Landowners Watch During Pipeline Construction?

Pipeline construction involves much more than digging a trench and installing pipe.

As activity begins on your property, consider paying attention to:

• Where contractors are accessing your property
• Whether construction activity remains within authorized areas
• Temporary access roads and workspace
• Construction mats and debris
• Topsoil removal and segregation
• Dirt and construction material placement
• Agricultural operations and harvest timing
• Cleanup and restoration
• Any special concerns unique to your property

Most importantly, know what rights the pipeline company has acquired through the easement agreement or condemnation process.

If something does not appear consistent with those rights—or if you have concerns about how construction is affecting your property—raise those questions promptly.

Questions About Pipeline Construction on Your Texas Property?

Every property is different, and the language of easement agreements and condemnation documents can vary.

If a pipeline company has contacted you, construction is beginning on your property, or you have questions about temporary workspace, access, restoration, or your rights during the construction process, Land Rights Law can help you understand the documents affecting your property and the rights involved.

Visit LandRights-Law.com or TxCondemnationRights.com to learn more about Texas pipeline easements, condemnation, and landowner rights

More Resources

• Understanding the Scope of a Pipeline Project on Your Property
• Texas Pipeline Easement Agreement Issues
• Pipeline Construction Issues
• Pipeline Construction on Your Property: Fencing, Debris & Landowner Concerns
• What’s a Temporary Right of Access Agreement
• Coordinating Agricultural Tenants and Pipeline Construction
• Pipeline Construction on Your Property: How Bore Pits and Temporary Workspace Can Affect Your Land
• Pipeline Construction on Your Property: Is the Work Staying Within the Easement?
• Landowners – Negotiate the Double Ditch Method in Pipeline Easements