Sec. 2206.002. LIMITATIONS ON EASEMENTS. (a) This section applies only to an easement acquired by an entity for the purpose of a pipeline to be used for oil or gas exploration or production activities.
(b) A property owner whose property is acquired through the use of eminent domain under Chapter 21, Property Code, for the purpose of creating an easement through that owner's property may construct streets or roads, including gravel, asphalt, or concrete streets or roads, at any locations above the easement that the property owner chooses.
(c) The portion of a street or road constructed under this section that is within the area covered by the easement:
(1) must cross the easement at or near 90 degrees; and
(2) may not:
(A) exceed 40 feet in width;
(B) cause a violation of any applicable pipeline regulation; or
(C) interfere with the operation and maintenance of any pipeline.
(d) At least 30 days before the date on which construction of an asphalt or concrete street or road that will be located wholly or partly in an area covered by an easement used for a pipeline is scheduled to begin, the property owner must submit plans for the proposed construction to the owner of the easement.
(e) Notwithstanding the provisions of this section, a property owner and the owner of the easement may agree to terms other than those stated in Subsection (c).
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 2, eff. September 1, 2011.
EMINENT DOMAIN PROCEEDINGS
Last modified: September 28, 2016