EAST TEXAS HOG DOGGERS FORUM

Heres my situation folks.    I only have 13 acres on one corner ConocoPhillips has a pipe line right of way.  I raise hay on this land and have built a house about 200'away from the pipeline. Well they have decided that they need to put in 2 more pipelines. And they need another 50' outside the edge of the pipeline for there backhoes and whatever else.  I understand this but why not put the pipelines on the other side which is cow pasture for the next miles. I failed to mention that the pipelines switch side right before my property  to get closer to my house. This 50' will over take my drive way and about 15 mature pecan trees.   Theres more but getting tired of typing but   has anyone had to deal with these hole in the butts.   I have worked pipeline before so you guys that make a living off of it dont try to kill me over this.

I would assume the company would have to pay restitution for trees but your driveway, well it'll get ripped apart and they mite make it better or just as good. If you hold your ground, can they claim imminent domain and do it anyways?

  well we do need the oil jobs but they would play hell going thru my pecan grove [ if i had one  ]  takes a loong time for pecans to mature .  they can move them lines with no trouble but all they look at is them straight lines that the surveyers draw on a map . they go around stuff quite often  .

A friend of ours has some land leased to grow hay and a new pipeline is being put in and it runs right through the middle of his hay pasture. The pipeline company payed him a pretty good check after he figured up what their construction was going to cost him in hay income. He had an attorney take care of the details and fine print in the contract. If I were in your shoes, I would get advice from an attorney to find out what your rights are before you sign anything.

I deal with land owners and home owners on a daily bases they cant adjust the path of the line that much for other structures (creeks, ponds, houses) ahead but they should pay you for what the trees are worth before they tear through them and they have to stay at least 75-150 feet away from your house for there build lines you have to check with the county or railroad commission. Look for a inspector and ask. Your driveway should be put back better than before and should give 24 hour notice before they tear it up. Hope I helped

that right of way is only good for that pipeline , if they add more new contract, .and yes they can move there line , Same with land lock , you want to pass through my land to get to yours , pay me. Or I can refuss right of way. have abstacts list in county courthouse to prove it.

Well since I bout this land thr pipe line has went from 50 ft wide to 150 maybe 170 ft wide now.  I have asked multiple time for them to mark the boundarys of the pipeline. Nothing has been done. They just sent me the contract that was signed by the land owner in 1937  and they say I have to hold to that agreement.  Which I think is bullnumber 2 any takes on that

Since this involves the land that you reside on I would want a trained eye on that contract. You can usually seek professional  legal advice for this sort of thing for under one hundred dollars. Sometimes for free.

How wide was the original easement? Anything beyond the width of the original easement they have to request a new easement.

I work for a pipeline company and we see this all the time. If it was me, I would get a Lawyer. Yes, they do have to pay you restitutiion for anything they do on your property, and they have to fix your drive back to the same or better than what it was. Yes, they can move the line to the other side, but you would have to have a really good reason for them to do that. Now if you don't want to loose your tree's. I would ask why can't they mat over the existing pipeline and work from the other side, or have them bore under ground and have them come up past your tree's. I have seen this done many time. Most of the time they will work with you on thing's like this. If not, make them pay dearly for everything. As far as the contract signed by the land owner in 1937, I think that the contract is only good for the existing line and any work that is done to it. If you look on the contract, it should say how wide their boundary/Right Of Way is from the middle of their pipeline ( Ex. if it say's 100'. They only have 50' on each side of the pipeline). They can also come out and show you where their boundary is, and yes they can mark it for you, but you will have to stay on the butt's. Like I said, get a Lawyer, because they have Lawyer's working for them. Good Luck with everything.

Don't take their first offer they tripled the amount they paid my brother from their original offer.....no lawyer required......how ever if the previous land owner sold them that large an easement then u might be out of luck but at the same time they should not be able to tear up ur driveway

I'd make them pay and I wouldn't let them tear up the trees. The more you delay them they're gonna grant your wishes it's costing them dearly for any time lost.

The previius contract does not have a width noted in it.   I believe I will be getting an attorney soon.  Thry are planning on doing this work with in the next month.   Thanks for all the advice. 

So does anyone know a lawyer that specializes in this sort of problem?  Im in the market for one

I'd think you need to hurry before you come home from work and your trees are cut right? Or is there something stopping them from doing it?

Call this guy, he's an attorney that works in the oil/gas field, it should be right up his alley. He's not some big time $500 per hour lawyer sitting in a skyscraper. When you call, he's liable to be out working cattle, or running a tractor... Tell him the Chris gave you his contact info.

Charles Reiland - Cell# 281-328-4076

Call Jim Spivey, attorney 210-416-3115

He is out of San Antonio...I promise you will not find a better eminent Domain lawyer in Texas!!!!

I have worked lots of eminent domain hearings and he is the best.

Nothing is stopping them except the fact that my property is miles down the pipeline and it takes time to get to my land.   They pretty much explained it that they can do what they want and theres nothing I can do about it.  They said the contract doesnt say they have to pay for my trees so they wont pay.  They said that if they mess up my drive they will fix it better then it is now.  
 Thats why Im getting a lawyer.  Ill keep yall updated.  Im going to start calling lawyers here in a few minutes.

Thanks Circle C and Bump.  Ill give them both a call and see what their thoughts are. 

Look at the bright side Ronnie. You can get your circle drive fixed and that's less trees I have to run the rake around when we bail! ;D

Circle drive does need some work and less trees to rake around would make your job easier but I really want you to work for your money.  LOL