Blog Layout
5 things to Know About Pipeline Easements – Part III
nfoote • Jan 11, 2017
Today’s posting is the third installment of things to consider in negotiating pipeline easements
- What surface facilities will be brought in with the pipeline? Many pipelines require other facilities on the surface in conjunction with the pipeline. Surface facilities are particularly noteworthy for surface owners that have ranching or farming operations as the facilities can take up needed space or interfere with things like hay, grazing, or crops. The agreement should restrict the company to a set number of surface facilities that are limited in size and location or specify that the facilities need to be built further down the pipeline on a different location. If surface facilities are absolutely necessary on your property then the landowner might negotiate approval of the location for those facilities.
- Can the company transfer their rights under the agreement? The landowner will want to require consent to assignment of rights under the agreement. One of the biggest concerns for a landowner is that the company operating on their land has a good reputation for integrity and stewardship towards the properties they operate on. It’s important to understand that without a consent to assignment provision in the agreement the company that signed the agreement with the landowner may be able to transfer or assign the rights to the operation of the pipeline to a company that may or may not have a good reputation for looking after the land. Further, in the event of an assignment, it’s imperative to make sure that any new operator is bound by all the terms of the agreement when it comes to things such as liability insurance, repairs, and restoration of the land.
- Is your liability limited under the agreement? In addition to being named as an insured on the liability and property policies of the company for the proposed pipeline, the landowner will also want to make sure that the agreement stipulates they are not liable for any acts, damages, or environmental violations caused by the company. Additionally, the agreement should include that the landowner will be held harmless and indemnified for any acts, damages, or environmental claims arising out of pipeline operation or accompanying surface facilities.
- How are cleanup and removal handled after operations have ceased? The agreement should set out that upon termination the company will be required to remove all of their surface facilities, pipeline, and equipment within a set number of days. The surface should be completely restored. Any damage to the surface during this removal process should be the responsibility of the company. If there are things like fences or vegetation that need to be replaced then the agreement should set out the specifications for the fence or the grass or vegetation that needs to be planted. Finally, all cleanup should be conducted in accordance with all applicable federal and state regulations.
- What depth should the pipeline use? The standard used in the industry is generally at least 36 inches below the ground. Other form agreements use the language “plow depth”. Each landowner’s situation is unique and therefore they may want to evaluate whether 36 inches below the ground is sufficient after accounting for settling and erosion over time.
Carlos Estrada
Associate Attorney, Eagle Ford Office
This post is the third installation in our series on oil & gas law. The next installment in the series will feature further considerations for dealing with pipeline easements.
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The post 5 things to Know About Pipeline Easements – Part III appeared first on Bethune Enright, PLLC.
As life expectancies continue to increase across the globe, more people are having to confront the trying task of caring for their loved ones who are no longer able to care for themselves. While it may be easy enough to cook someone a homemade meal or help out with some chores around the house, some [..]
The post A Few Practical Thoughts on Guardianships for the Aging appeared first on Bethune Enright, PLLC.
If you’ve ever asked a Texan why his or her state is so great, you know that the answers can be as vast and diverse as a trip from Houston to El Paso, or Brownsville to Amarillo. From its natural beauty and rich culture to its vibrant economy, the lone star state never seems to [..]
The post Tax Appraisal Protests: Property Taxes may be Inevitable, but That does not mean they are Non-negotiable. appeared first on Bethune Enright, PLLC.
Since the structure of payment to one’s attorney is created by contract, the number of different kinds of fee structures can be as vast as the circumstances merit. While the variations can be extensive regarding the method of calculating the costs of representation, there are still primarily three main types of attorney fee structures. [..]
The post Which Attorney Fee Structure is Right for Me? appeared first on Bethune Enright, PLLC.
What does a paralegal do? As a paralegal at Bethune Enright, PLLC, sometimes I am asked what my job entails. The answer can differ, depending on a state’s rules and regulations. To start answering the question let’s first define what a paralegal is. A paralegal is defined by the American Bar Association (ABA) as: Paralegal: [..]
The post What does a Paralegal do? appeared first on Bethune Enright, PLLC.
As a litigating attorney, I have gleaned certain important insights into the benefits of settlement and mediation. First, let me explain the benefits of settling a claim in advance of full litigation by informal settlement negotiations and then I will discuss the benefits of attempting mediation. Litigation Costs— One major benefit is reducing litigation costs. [..]
The post Why Should I Mediate? appeared first on Bethune Enright, PLLC.
In our third installment on oil & gas law, here are five things to consider in negotiating pipeline easements… What surface facilities will be brought in with the pipeline? Many pipelines require other facilities on the surface in conjunction with the pipeline. Surface facilities are particularly noteworthy for surface owners that have ranching or farming [..]
The post 5 Things to Know About Pipeline Easements appeared first on Bethune Enright, PLLC.
Why does your attorney want a peek at your diary? At Bethune Enright, we think it’s important for clients to keep diaries. Here’s why… When you hear that word do you get the same picture in your head? A young girl, probably about ten years old, lying on her bed with her feet up in [..]
The post Why Your Attorney Wants a Peek at Your Diary appeared first on Bethune Enright, PLLC.
I’m considering hiring an attorney and entering litigation… How do I get started? What should I expect along the way? If you are considering hiring an attorney to file a lawsuit or if you are hiring an attorney to defend you against litigation, having a basic understanding of what a typical civil litigation case entails [..]
The post A Guide to Understanding Litigation in Texas appeared first on Bethune Enright, PLLC.
Your first step might be walking through the door into our office. Or you might give us a call, after browsing our website. There are many ways you can initiate a client-attorney relationship with a law firm. Once a relationship is established, many firms commonly conduct an interview. Your face-to-face interview will often be with [..]
The post Client-Attorney Interviews: Questions, Questions, Questions… appeared first on Bethune Enright, PLLC.
If you’re a landowner who has a pipeline easement, or you’re currently considering a pipeline easement on your property, here are essential questions every landowner should ask, or at least be aware of… 1.Are you insured? The first inquiry to the company should be what kind of insurance they carry as it relates to your [..]
The post Common Questions about Pipeline Easements appeared first on Bethune Enright, PLLC.
121 South Main Street, Suite 201
Victoria, TX 77901
Fax 361-687-2539
Request Consultaion
Request consultation
© 2021 Bethune Enright, PLLC. All Rights Reserved.
Powered by
