If a pipeline company wants to replace an existing pipeline, with a larger pipe or add another pipeline( in the same easement as the old pipe) . What does the pipeline company have to pay the surface owner? Does the larger or additional pipe make the existing easement void? Which means the surface owners gets paid for the easement again? or do they just pay for construction easement? Property is located in Texas


The original easement agreement should be read carefully to determine what rights the oil and gas company or owner of the pipeline has after they completed their original construction.

If you do not have a copy of the original agreement then you will want to obtain a copy from the County Clerk's office.  Read through this agreement because each right-of-way agreement has different obligations and grants to the oil company.  It could be that they only have the right to install and maintain one pipleline of a certain size.  

But, what is most common is that the oil company has the right to install one line.  They typically have associated rights to maintain the pipeline, so long as they remain inside their express easement, but if they are going to install a larger line or additional lines in the easement they must come back to you and negotiate for this.  This means that you should receive additional damages for the intrusion, destruction during installation.

Typically, they only have the right (after installation) to maintain the one pipeline...for anything else they would need to pay you.  

Keep the above in your pocket until you obtain and read the original agreement.  That will determine what you must allow them to do without receiving compensation.  


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Cliff Williams


I will try to answer any question you have. Even if I reject a question, I still will give a shot at what I would do in your position. The only questions I will not take a shot at would be a highly technical engineering or geological question. I am beginning to see quite a few questions from land men and other oil companies and that doesn't matter to me either. I will attempt to help.


I am an oil and gas attorney that has been in the business for more than 20 years. I have held a series 22 and 63 securities license, been in oil and gas operations, land man, division order analyst all prior to obtaining my law degree. Today, I typically write title opinions verifying ownership of oil and gas minerals, assist landowners in negotiations on oil, gas and mineral leases, easements and conveyances. I also assist oil and gas companies with the sale of working interest ownership as well as common business law issues.

State Bar of Texas, Member of the Tarrant County Bar and the Dallas County Bar Associations.

Multiple oil and gas topical columns on ezine.com.

I have a B.S. degree which I rely upon more than my Business Mgmt degree or Law degree...

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Husband and father of 26 years

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