Is there any state (Texas) or Federal regulation that requires an oil/gas and/or utility company to define the location of a blanket easement? In this case the easement is stated as being "an easement across all of Section XXX being 20' in width and 10' either side of the center line as constructed."
Cy
> Is there any state (Texas) or Federal regulation that requires an oil/gas and/or utility company to define the location of a blanket easement?
Well there is the Natural Resources Code which provides as follows:
Sec. 111.0194. PIPELINE EASEMENTS.
(a) Unless the terms of the grant or the condemnation judgment expressly provide otherwise, or the easement rights otherwise prescriptively owned through actual use are greater, an easement created through grant or through the power of eminent domain for the benefit of a single common carrier pipeline for which the power of eminent domain is available under Section 111.019 of this code as of January 1, 1994, is presumed to create an easement in favor of the common carrier pipeline, or a successor in interest to the common carrier pipeline, that extends only a width of 50 feet as to each pipeline laid under the grant or judgment in eminent domain prior to January 1, 1994.
(b) The presumption in Subsection (a) of this section is not applicable to pipeline easements of a common carrier pipeline granted under the terms of an oil and gas lease or oil, gas, and mineral lease, or to any easement which authorizes the construction of gathering lines.
(c) The presumption set out in Subsection (a) of this section on the limitation of width may be rebutted by evidence on behalf of the common carrier pipeline that a greater width is reasonably needed for purposes of operation, construction of additional lines under the grant or judgment in an eminent domain proceeding, maintenance, repair, replacement, safety, surveillance, or as a buffer zone for protection of the safe operation of the common carrier pipeline, together with such other evidence as a court may deem relevant to establish the extent of an easement in excess of 50 feet in width.
(d) The presumption in Subsection (a) of this section shall apply separately as to each pipeline under a grant or judgment which allows more than one pipeline on the subservient estate.
(e) This section shall not be deemed to limit any rights of ingress to or egress from easements that may exist under the original grant, prescriptive rights, or common law.
(f) This section does not limit or otherwise affect the rights of parties engaged in litigation before January 1, 1994.
Added by Acts 1993, 73rd Leg., ch. 787, Sec. 1, eff. Jan. 1, 1994.
50' LIMITATION FOR PIPELINE ESMT.
PER NATURAL RESOURCES CODE
SEC. 111.0194, ITEM (A)
§ 111. 0194. PIPELINE [ 0] EASEMENTS [ 0 ] . (a) Unless the terms
of the grant or the condemnation judgment expressly provide
otherwise, or the easement rights otherwise prescriptively owned
through actual use are greater, an easement created through grant
or through the power of eminent domain for the benefit of a single
common carrier pipeline [OJ for which the power of eminent domain i s
available under Section 111.019 of this code as o f January 1, 1994 ,
is presumed to create an easement in favor of the common carrier
pipeline [ O ] , or a successor in interest to the common carrier
pipeline [O], that extends only a width of 50 feet as to each pipeline [
l aid under the grant or judgment i n eminent domain prior to January
1 , 1994 .
not sure why you're asking- if you're writing one or trying to locate for various reasons (title, design, etc.).
here's a useful resource for general location if the latter, in case you're not familiar:
Texas Railroad Commission GIS
That doesn't sound like a blanket easement. Sounds like you need someone to locate the pipeline (assuming it's been built) and then you need to offset the called width from the pipe.
I deal with that kind of easement almost every day. A lot of the old ones are NOT defined as to location. Either a blanket easement on a large tract or one that states a width from the center line without the center line being defined. If there is a physical pipe line in place, then the uncertainty is removed.
Looking at my original post I did not explain the situation in the correct way. The easement already exists ( an easement on and across Section XXX being 20' in width and 10' either side of the center line of the line as constructed) the problem is the location of the constructed lines is unknown. Is there any regulation that would require the gas line company to physically locate the line that way the location of the easement could be defined.
Sorry for any confusion,
Cy
Call the locating service to locate the lines if the pipe line company is one of the pool members or try to get the pipe line owner to located. Might help if you indicated to the company that you were getting ready to deep dirt work!!!!
> Is there any regulation that would require the gas line company to physically locate the line that way the location of the easement could be defined.
>
> Sorry for any confusion,
>
> Cy
If that is not defined in the terms of the easement; my guess is you are on your own.....
I could be wrong, I've never surveyed in Texas....
John,
We have requested for locations to be marked, on three separate occasions, and indicated that we would be digging deeper than 16". Every other utility was located including off site gas lines. The owner of the property is now ready to construct and their contractor has called in a location request. The problem is no one knows where the gas line/s are running through this property and the company that owns the gas line refuses to locate the line. The gas company has offered to relocate the line (that they don't know the location of) if the owner of the property will use them as their service provider. Sounds a bit like holding someone hostage to me.
Cy
:good:
yeah, this language was fairly standard practice when most of these were installed.
again, based on the nature of your work...
if it's a schedule b item and i have both tied markers/valves/risers/etc and also done a thorough investigation as to retrace the description, i will often state "subject to, cannot locate by description" or else "subject to, approximate location shown". there is also the decent chance of fine print "together with rights of ingress and egress to and from..." which further implies blanket status. many times the client and the title company are already well aware of the presence of the pipeline and at this phase are not concerned with location down to a tenth.
if you're in the design/layout/build phase: operators tend to be pretty good about responding to locate requests- at least around here. one calls will be good about picking up stuff in and near r.o.w., not so good about going across somebody's property.
the ones that can be even more fun are where 85 courses and distances are called along or abutting some natural feature (often a creek) that either was misnamed in the document, has taken on a new name at some point in the last 80 years and can't be reliably identified, or else has been completely obliterated over decades of urbanization and development.
that's why i'll usually start with the railroad GIS: gives a good ballpark from which to start playing.
Yes, I know that it is a problem sometimes. I had a client in a similar situation. I think he finally had to complain to the Railroad Commission to get any thing done or maybe it was his state representative.
> if it's a schedule b item and i have both tied markers/valves/risers/etc and also done a thorough investigation as to retrace the description, i will often state "subject to, cannot locate by description" or else "subject to, approximate location shown". there is also the decent chance of fine print "together with rights of ingress and egress to and from..." which further implies blanket status. many times the client and the title company are already well aware of the presence of the pipeline and at this phase are not concerned with location down to a tenth.
>
> if you're in the design/layout/build phase: operators tend to be pretty good about responding to locate requests- at least around here. one calls will be good about picking up stuff in and near r.o.w., not so good about going across somebody's property.
We surveyed the property two years ago and indicated both on our plat and through e-mail correspondence with our client that we could not locate the easement by description. We had nothing to do with the design/layout/ or build phase. Now that our client is in the build phase they are wanting to know the location of the gas line and wonder why we don't have them located on our survey. Thankfully I don't delete e-mails and have proof of the correspondence with our client, the gas company, and my request for locating the gas lines. Again, I did send in one-call request and even called the gas line company directly to request they locate their line. They have flat out refused to locate unless our client agrees to use them as their service provider.
Update: Called the Railroad Commission and they can't do anything until the gas line is hit. Once hit, as long as there was a call in to request locate, they can take action against the gas company.
Sounds good. Fire up the dozer!
> Looking at my original post I did not explain the situation in the correct way. The easement already exists ( an easement on and across Section XXX being 20' in width and 10' either side of the center line of the line as constructed) the problem is the location of the constructed lines is unknown. Is there any regulation that would require the gas line company to physically locate the line that way the location of the easement could be defined.
>
> Sorry for any confusion,
>
> Cy
Then the easement is not in blanket form as it can be located.
As far as a regulation, they are required to be able to locate their utility for construction purposes. Texas 811 should be enough persuasion to have them locate their utility for you.
> > if it's a schedule b item and i have both tied markers/valves/risers/etc and also done a thorough investigation as to retrace the description, i will often state "subject to, cannot locate by description" or else "subject to, approximate location shown". there is also the decent chance of fine print "together with rights of ingress and egress to and from..." which further implies blanket status. many times the client and the title company are already well aware of the presence of the pipeline and at this phase are not concerned with location down to a tenth.
> >
> > if you're in the design/layout/build phase: operators tend to be pretty good about responding to locate requests- at least around here. one calls will be good about picking up stuff in and near r.o.w., not so good about going across somebody's property.
>
> We surveyed the property two years ago and indicated both on our plat and through e-mail correspondence with our client that we could not locate the easement by description. We had nothing to do with the design/layout/ or build phase. Now that our client is in the build phase they are wanting to know the location of the gas line and wonder why we don't have them located on our survey. Thankfully I don't delete e-mails and have proof of the correspondence with our client, the gas company, and my request for locating the gas lines. Again, I did send in one-call request and even called the gas line company directly to request they locate their line. They have flat out refused to locate unless our client agrees to use them as their service provider.
>
> Update: Called the Railroad Commission and they can't do anything until the gas line is hit. Once hit, as long as there was a call in to request locate, they can take action against the gas company.
Whenever I call 811, I ALWAYS indicate that I will be setting concrete monuments in holes dug with an auger, to a depth of at least 36" and maybe 48" at various point on the subject tract surveyed, and possibly on adjoining tracts. Somehow, they never refuse my request. 🙂
I guess no one wants to expend the time, manpower, or money to locate the line. Our client is a rather large corporation that I am positive will not allow a contractor to go out there and just start digging. Seems to me that if I were the owner of the gas line I would rather pay the costs of locating the line rather than having to pay for the litigation when someone gets injured or dies from cutting into the gas line. Maybe that just makes too much sense though.
Pipe line companies want you to always be helpful and respectful for their lines, but a not always helpful to the public.
I get junk mail from them all the time. It hits the round file.
> I guess no one wants to expend the time, manpower, or money to locate the line. Our client is a rather large corporation that I am positive will not allow a contractor to go out there and just start digging. Seems to me that if I were the owner of the gas line I would rather pay the costs of locating the line rather than having to pay for the litigation when someone gets injured or dies from cutting into the gas line. Maybe that just makes too much sense though.
I'm sorry, I must have been unclear. You must not be honest with the dispatch on 811. If you tell them you will be digging proximate to the line, the company must locate the line. 🙂
Otherwise, break out the MScope or the RD4000 and locate it.
> I'm sorry, I must have been unclear. You must not be honest with the dispatch on 811. If you tell them you will be digging proximate to the line, the company must locate the line. 🙂
>
> Otherwise, break out the MScope or the RD4000 and locate it.
Kris,
At the time of the survey we did on the property I did tell them I was excavating past 30". According to our client the contractor out there doing the construction has called 811 and indicated they will be excavating. According to at least one guy at the RRC the company is not required to locate their line but can be penalized if their lines are hit.