Landowners – Get A Permit For Pipeline Easement Surveys!
July 3, 2019
If you own land in Texas that you may or may not intend on selling your mineral rights, at some point you may have to deal with an energy company wanting to place a pipeline through your property.
Because Texas law gives these companies the right to do just that in most cases, this could affect the value of your property and what, including selling your mineral rights, you can actually use it for.
Before you end up on the losing side of a right-of-way that could affect your land and future sale of mineral rights, get a permit for pipeline easement surveys.
You may not be able to prevent a pipeline from going through your property; however, you will have more control over your land as to where and how the a pipeline can cross it.
Texas Right to Condemn Land and Enter Property
Texas laws grant certain entities like energy companies the right to condemn land and enter property through a right-of-way so they can install pipelines.
This right-of-way is obtained when companies approach landowners asking them to sign a permission form so they can survey the land or sign a pipeline easement giving them permission to place the line.
Sometimes it’s done in writing, while other times it may simply be a verbal agreement.
Right to condemn and enter property may have even been initiated prior to an owner’s purchase of the land
This agreement gives another entity the right to enter a property, survey and explore it for their needs, and install pipeline where they say it needs to go, irregardless of anyone else’s plans for selling mineral rights or other usage of the property.
How Could This Affect Your Property?
The biggest issue with these agreements is how they can negatively affect your property or even make the selling of your mineral rights more difficult in the future.
The installation of a pipeline could destroy the property physically or reduce its worth if there are no protections in place to minimize the invasion and its destructiveness.
Protect Your Property with A Right of Entry Permit
While no landowner can prevent a right of way from passing through their property for a pipeline, you can gain more control over the situation by seeking a Right of Entry Permit for a pipeline easement survey.
Whether done before purchasing the land or later filing in court for one if there is already eminent domain by the energy company, a Right of Entry Permit gives you more say in what happens on your land and where the right of way gets placed.
A Right of Entry Permit addresses things such as when and where a company may enter property to perform a survey, advance notice of the intent to perform a survey, as well as a description of and limitations to what can be done during the survey.
The permit also outlines that the company:
May remove or destroy fences
- Must restore the land to its original pre-survey condition.
- Must repair any damage caused.
- Must remove tools and materials brought in for the survey.
- Must provide the landowner with a copy of all survey data.
Prevent Easement Frustrations
If there is a right of way for a pipeline through your property or land you want to buy, it’s essential that to gain as much control as you can over that easement with a Right of Entry Permit.
Even if you can’t prevent an entity from exercising their right of way through your property, you can maintain the degree of control necessary to protect the land and your ability to sell your mineral rights from right-of-entry-caused damage or destruction.
Whether you have personal home property or larger, more rural land, having that control can be critical for your uncomplicated sale of mineral rights!
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