We have a piece of property in Austin County, TX where an underground gas pipeline (16") is scheduled to come through. The work permit from the RRC lists the pipeline as a “Gas Utility” line, but the RRC’s interactive map on their website lists it as a “Gas Gathering” line. From what we’ve researched, anything considered a “utility” line probably has eminent domain rights, but we haven’t found anything specifically talking about a “gathering” line. Also, is there any kind of documentation from the RRC or the state that would prove the right of eminent domain for the project? I appreciate any help.
An attorney how handles pipeline & eminent domain laws is critical. There are two Texas attorneys listed in the Directory above, if they don’t handle those cases they can probably refer you to someone who does.
The RRC adopted a process for pipeline company that was designed to determine that a pipeline serves a public purpose under Denbury case based on company’s assertion. But there is not agreement that it settles the matter. You need to look at the entity and whose gas is being transported among other things to argue that it does not qualify for eminent domain. Or are you trying to work with company for more funds, better agreement and shifting the route? Barron Adler is most prominent law firm representing landowners but there are other good attorneys who are excellent in eminent domain area.
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Eminent domain is a niche or specialized area of law. Not every attorney is well equipped to handle those matters.
Have you been contacted by the pipeline company? If the pipeline company is claiming eminent domain, they are required to furnish a small pamphlet called the “Landowner’s Bill of Rights” in their Initial Offer Letter (IOL).
One of the issues that came about in the Rice Grower’s Case is that the Supreme Court said that the designation on the application was a “clerical entry” and does not mean that the line is a common carrier and in practice, they would have to litigate every tract of land on their route to have the eminent domain claim adjudicated.
Best of fortune on this.
Buddy Cotten
We would prefer for the pipeline to not come through the property.
We’ve been contacted by the ROW agent.
We asked the ROW agent how the pipeline could be a “utility” line & a “gathering” line at the same time, and he said in this case, it is. We’re not seeing how this makes sense. Are we missing something?