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 Apr. 13, 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

Accessed:
Apr. 13, 2024

§ 111.0194’s source at texas​.gov