Tex. Nat. Resources Code Section 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 (Right of Eminent Domain) 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.

Source: Section 111.0194 — Pipeline Easements, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­111.­htm#111.­0194 (accessed Jun. 5, 2024).

111.001
Definitions 111.002
Common Carriers Under Chapter 111.003
Applicability of Chapter 111.004
General Restriction on Transportation of Oil 111.011
Regulation in Public Interest 111.012
General Jurisdiction of Commission 111.013
Control of Pipelines 111.014
Publication of Tariffs 111.015
Transportation Without Discrimination 111.016
Discrimination Between Shippers 111.017
Equal Compensation for Like Service 111.018
Effect of Commission Order 111.019
Right of Eminent Domain 111.020
Pipeline on Public Stream or Highway 111.021
Pipeline Under Railroad, Street Railroad, or Canal 111.022
Right to Use Street or Alley in City or Town 111.023
Exchange of Facilities 111.024
Limit on Amount of Oil Carried 111.025
Abandoning Connections 111.051
Applicability of Statute to Public Utilities 111.052
Discrimination by Public Utility 111.053
Bond of Public Utility 111.054
Lien for Storage Charges 111.081
Definition of Common Purchaser 111.082
Purpose for Including Certain Entities Under Regulation as Common Purchasers 111.083
Duty of Certain Common Purchasers 111.084
Operation of Gathering Systems for Crude Petroleum 111.085
Applicability of Rate Provisions to Certain Common Purchasers 111.086
Discrimination Between Persons and Fields 111.087
Conditions in Taking Production 111.088
Commission Relief 111.089
Discrimination as to Royalty Oil 111.090
Compliance by Common Purchasers 111.091
Prevention of Discrimination 111.092
Injunction to Prevent Discrimination 111.093
Forfeiture of Charter of Domestic Corporation 111.094
Forfeiture of Charter of Foreign Corporation 111.095
Action for Damages 111.096
Duties and Responsibilities of Common Purchasers, Purchasers, Gatherers, and Transporters 111.097
Antitrust Laws Unaffected 111.131
Commission Rules for Common Carriers 111.132
Commission Rules for Public Utilities 111.133
Enforcement by Commission 111.134
Notice and Hearing 111.135
Validity of Commission Orders 111.136
Review of Orders 111.137
Enlargement and Extension of Facilities 111.138
Books and Records 111.139
Reports 111.140
Filing Monthly Statements 111.141
Grades of Oil 111.142
Equitable Apportionment of Excessive Amount of Crude Petroleum 111.181
Establishing and Promulgating Rates 111.182
Items Included in Rates 111.183
Basis for Rate 111.184
Discretion of Commission 111.185
Temporary Rates 111.186
Reparation and Reimbursement 111.187
Reimbursement of Excess Charges 111.188
Annual Rate Hearing 111.189
Hearing and Determination of Rates 111.190
Hearings to Adjust Rates 111.0191
Costs of Relocation of Property 111.0192
Limitations on the Powers of Eminent Domain in Certain Situations 111.0193
Restoration of Property 111.0194
Pipeline Easements 111.221
Complaints 111.222
Application for Receivership 111.223
Appointment of Receiver 111.224
Duties and Responsibilities of Receiver 111.225
Motion to Dissolve Receivership 111.226
Bond 111.227
Provisions Applicable to Enforcement 111.261
Penalty Recoverable by State 111.262
Penalty Recoverable by Aggrieved Party 111.263
Penalty Recoverable by State and Aggrieved Party 111.301
Certificate Required 111.302
Commission Authority to Issue Certificates 111.303
Certification Procedure 111.304
Transportation Contract 111.305
Other Agencies 111.401
Definition 111.402
Creation of Well Wastewater Corporation 111.403
Corporation Powers 111.404
Condemnation 111.405
Service to Well Wastewater Producers 111.406
Ownership of Stock
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 111.0194’s source at texas​.gov