Ranchers may save on easement and other property
legal fees by gathering all the information and materi- als they can before visiting their attorney, says Tiffany Dowell Lashmet, Texas A&M AgriLife Extension rural law specialist. “Most attorneys bill by the hour, so a client can save
considerable fees by doing as much legwork as possible before going to the attorney’s office,” she says. “For ex-
ample, a landowner could collect necessary documents such as the legal description or sketch of the property, saving the attorney the time of locating that information. “Moreover, a landowner could prepare a first draf t
of the easement agreement using a checklist we’ve pre- pared. This would save the attorney the effort of starting from scratch and allow him or her to simply edit the draft prepared by the landowner.”
• Determine the permissible pipeline diameter and pres- sure. In general, a landowner wants a smaller, lower-pressure line and a company wants the right to place the largest, highest-pressure line it may ever need. During negotiations, seek an agreement that the line will not exceed a certain diameter and specifi c pressure to help alleviate safety concerns.
• Determine the width of the easement. Widths are often described in two measurements, a tempo- rary construction easement (generally 50 feet or wider) and a permanent pipeline easement (typically ranging from 20 to 50 feet). Limit both of these measurements to the narrowest width possible to control the amount of land used or damaged by the easement. Also, determine a date by which the temporary pipeline easement will terminate and provide for damages if the company extends this deadline.
• Require a specifi c pipeline depth. In the past, many easements stated that the pipeline would be “plow depth.” Avoid this type of nonspecifi c and subjective terminology. Easements usu- ally stipulate that the line will be buried 36 inches below the ground, the depth that Texas law requires. But if a pipeline is buried at 36 inches, erosion will eventually make the line too shallow to comply with state law. In light of this, have the line buried to at least 48 inches deep, or stipulate that the company maintain the 36-inch depth.
• Specify what surface facilities, if any, are permitted. Even underground pipelines require some sur- face facilities at points along the line, such as cleaning stations, compressor units and pump stations. Require a pipeline company to either
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waive all surface facilities on the property or specify exactly how many surface facilities will be allowed, along with their size, type, and lo- cation. If surface facilities will be placed on the property, negotiate additional compensation.
• Reserve surface use. Retain the right to use as much of the easement area as necessary. For example, once an underground pipeline is in place, the landowner may want to graze his cows on the property, including the surface above the pipeline. Similar consideration applies to the landowner’s ability to place roadways, ponds or tanks, and water lines across the easement.
• Provide property access for the landowner. It is not uncommon to install a pipeline beneath an entry road or driveway to the landowner’s property. State in the agreement that the company will provide access to the landowner’s property dur- ing the pipeline installation, as well as after the construction is completed.
• Limit access to the easement. A landowner can limit the company’s access to the easement in a number of ways, such as requiring that notice be given before entry or setting certain times or days when entry is not permitted, etc.
• Request the use of the double ditch method. The double ditch method requires the company to dig the pipeline trench so that the topsoil re- mains separate from the subsurface soil and is placed back on top of the subsoil when the construction is completed and the line buried.
For more on pipeline easements and
other Texas agricultural law information, go to
http://agrilife.org/texasaglaw.
March 2015 The Cattleman 89
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