Pipeline Eminent Domain and Condemnation Frequently Asked Questions (FAQs)
The following questions and answers provide, as a public service, basic, general information about pipeline companies in Texas and their powers of eminent domain. This information is not legal advice and has no legal force or effect. Persons with specific legal questions or who may be dealing with pipelines regarding eminent domain and condemnation issues may need to retain an attorney. The Railroad Commission is prohibited from providing legal advice, representation or interpretation of laws to private individuals.
Q: Does the RRC have to approve the route of a proposed pipeline?
A: Generally, no. The Commission does not have the authority to decide the route a pipeline takes. The exception to this is when the pipeline contains “sour gas” (hydrogen sulfide) because of its toxicity at certain levels.
Q: Who determines the route a pipeline will take?
A: The pipeline route is determined by the pipeline’s owner/operator.
Q: Does a pipeline operator or construction company have to notify the RRC before beginning construction on a pipeline?
A: Yes, the Railroad Commission must be notified when the construction involves a pipeline longer than one mile. Commission rules require the operator to file a pre-construction report 30 days prior to the commencement of construction. However, new construction on natural gas distribution systems of pipelines less than five miles are exempt from this reporting requirement.
Q: How can I get a copy of a new construction report?
A: You can obtain a copy of a new construction report by calling the Safety Division at (512)463-7046.
Q: What is the typical width of a pipeline easement?
A: Unless specified in a right-of-way agreement, the standard easement is set by statute at a width of 50 feet (Texas Natural Resources Code, §111.0194).
Q: How close can a pipeline come to my house or other permanent structure?
A: There are no minimum setback requirements concerning natural gas pipelines and structures. However, a hazardous liquids pipeline must be buried an extra 12 inches in addition the 36 inches/3 feet depth that pipelines must be buried at when installed, if the hazardous pipeline is within 50 feet of a permanent structure. Examples of hazardous liquid pipelines are any pipelines other than natural gas pipelines.
Q: How deep does a pipeline have to be buried?
A: A minimum of 3 feet depth. However, pipeline operators are not required to maintain this depth if erosion occurs after the pipeline’s installation.
Q: Do all pipeline operators have the power of eminent domain?
A: Generally speaking, common carrier pipelines in Texas have a statutory right of eminent domain. Common carrier pipelines are operators that transport oil, oil products, gas, carbon dioxide, salt brine, sand, clay, liquefied minerals or other mineral solutions.
For example, a pipeline transporting hazardous liquids would be a common carrier, and would have the right of eminent domain. A ‘common carrier’ pipeline transporting natural gas would be a ‘public utility’ (more commonly referred to as a ‘gas utility’), and also would have the power of eminent domain. The Railroad Commission does not have the authority to regulate any pipelines with respect to the exercise of their eminent domain powers.
Q: How can I tell if the company that wants to cross my land has the power of eminent domain?
A: The Railroad Commission can inform you as to the status of a pipeline as either a gas utility or a common carrier, both of which have a statutory right of eminent domain. For information on natural gas pipelines, call the Railroad Commission’s Utility Audit Section at (512) 463-7022. For information on other pipelines, call the License & Permit Section at (512) 463-7167.
Q: How can we contact pipeline operators authorized by the Railroad Commission in Texas?
A: The Railroad Commission provides a listing of authorized operators on the Commission website (PDF) that is updated monthly. You can view the actual T-4 Permit in the Commission's searchable online application at http://rrcsearch.neubus.com/. Click here to view the instructions on how to search for T-4 Permits.
Q: What is a T-4 Permit?
A: This is a permit issued by the Railroad Commission to operate a pipeline in Texas. An application for a T-4 Permit must be filed by an operator with an approved P-5 Organization Report (this report is required by the Railroad Commission and lists pipeline company officers and the financial assurance amount.) on file with the Commission, and must include a digitized map of the pipeline(s) to be covered by that T-4 Permit.
Q: Do all pipelines in Texas have to have a T-4 Permit?
A: Generally speaking, yes. There are two exceptions, however: lines that never leave an oil or gas production lease, and distribution lines to homes and businesses that are part of a gas utility distribution system.
Q: What is a P-5?
A: A P-5 Organization Report and financial security (bond, letter of credit, cash deposit, or well-specific plugging insurance policy) are required of all companies performing operations within the jurisdiction of the Commission, including pipeline companies.
Q: Where can I get more information on pipeline easements, eminent domain, and condemnation proceedings?
A: A good source of information on these issues can be found at Texas A & M University’s Real Estate Center’s web site, at http://recenter.tamu.edu/pubs/. From that page, select a topic from the left side of the page, such as “Condemnation,” or “Easements.”
Q: If my property has been condemned for a pipeline easement, does the RRC want to be notified?
A: Yes. If your land has been condemned for a pipeline easement, the Commission would like to be informed, since there is no requirement for the operators to notify the Commission. This will help ensure that the operator is properly classified as either a gas utility or a common carrier, depending upon the commodity being transported. Please notify the Utility Audit Section at (512) 463-7022.
Q: What rights do I have as a landowner?
A: We suggest that you review the Texas Landowner's Bill of Rights published by the Texas Attorney General's office.