Texas Natural Resources Code - Section 111.0194. Pipeline Easements
Legal Research Home >
Texas Laws > Natural Resources Code > Texas Natural Resources Code - Section 111.0194. Pipeline Easements
Section: 111.016 111.017 111.018 111.019 111.0191 111.0192 111.0193 111.0194 111.020 111.021 111.022 111.023 111.024 111.025 111.051
§ 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
(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, § 1, eff. Jan. 1, 1994.
Last modified: August 11, 2007