Texas Eminent-Domain

I believe the answer is no but allow me to ask questions. Did they have to cross your land to bring in the rig? If they didn’t then common sense would dictate that they have access somewhere and they are just trying to save money now by building the road and pipeline on the shortest route between two points. I believe the pipeline unless it is a common commercial carrier, literally a public utility, that anyone may use cannot invoke eminent domain. The mere “service pipe” will be a privately owned pipeline.

While a pipeline may be a common carrier, I don’t think they could claim that the ROAD is. You may want to ask about that. In writing.

Have they made an offer to purchase the property? This is a requirement before they could condemn the property for eminent domain. They really don’t want to purchase the property as that is the most expensive, they would much rather obtain an easement so you pay the taxes on it. I would sell before I granted an easement but that is my personal choice.

HOW THE TAKING PROCESS BEGINS The taking of private property by eminent domain must follow certain procedures. First, the entity that wants to condemn your property must provide you a copy of this Landowner’s Bill of Rights before - or at the same time - the entity first represents to you that it possesses eminent domain authority. https://www.texasattorneygeneral.gov/files/agency/landowners_billofrights.pdf I might bring this up if they start throwing the words eminent domain around loosely. You might even ask them in writing if they claim to have eminent domain. Only deal with them in writing!

The Texas RRC tap dances around the questions of whether the “service pipe” is a common carrier or not but if it were always, I think they would say so. Here is where you can find what they have to say. http://www.rrc.state.tx.us/about-us/resource-center/faqs/pipeline-safety-faqs/faq-pipeline-eminent-domain-and-condemnation/

I think you should read through what the state has to say so you know what to ask, then consult a lawyer.

Only deal with those wanting the pipeline in writing. They will be very reluctant to put lies on paper as some people might consider it fraud. Ask them in writing if they are representing that they have eminent domain. If all you hear is crickets, you have your answer.