The pipeline easement attorneys at Padua Law Firm, PLLC have fought for numerous property owners across Texas and have a track record of significantly increasing compensation from pipeline companies as well as permanently protecting the property rights via the legal terms of the agreements.
If a pipeline company has contacted you about installing and operating a pipeline across your property, there are many factors to consider before negotiating and granting the pipeline easement or right of way agreement.
Easements are not always for individuals. More commonly it is for some government (local or federal), a business, or a utility company. If you allow one to use land put in writing that it is not and easement, the help of a lawyer to draw this up is recommended.
Because of this counter-intuitive law, litigation involving pipeline rights of way are many times focused on different valuation methods and arguments that only experienced counsel, with the help of retained expert appraisers, land planners, and engineers, can properly prosecute in Court.
The typical lawyer in Texas charges between $130 and $415 per hour. Costs vary depending on the type of lawyer, so review our lawyer rates table to find out the average cost to hire an attorney in Texas.
If the flat fee option is not used, then attorneys bill by the hour. This can range from $100 on the lower end, an average cost of $300 per hour, or to $750 an hour on the higher end.
While a lawyer has studied U.S. and state law, and graduated from law school, only an attorney can legally represent you in a Texas court of law. In order to be able to do that, they need to have successfully passed the Texas bar exam and be licensed to practice law.
A right-of-way agreement between the gas company and the property owner is called an easement. Easements provide a company like Peoples with permanent, limited interest to the land so that we can access, operate, test, inspect, maintain, and protect our pipelines.
Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.
There are many ways to find a reliable lawyer. One of the best is a recommendation from a trusted friend, relative, or business associate. Be aware, however, that each legal case is different and that a lawyer who is right for someone else may not suit you or your legal problem.
A lawyer is an individual who has earned a law degree or Juris Doctor (JD) from a law school. The person is educated in the law, but is not licensed to practice law in Pennsylvania or another state. An attorney is an individual who has a law degree and has been admitted to practice law in one or more states.
The Attorney General is chief legal adviser to the Crown and has a number of independent public interest functions, as well as overseeing the Law Officers' departments.
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API recommends setbacks of 50 feet from petroleum and hazardous liquids lines for new homes, businesses, and places of public assembly (API 2003). It also recommends 25 feet for garden sheds, septic tanks, and water wells and 10 feet for mailboxes and yard lights.
There are several types of easements, including:utility easements.private easements.easements by necessity, and.prescriptive easements (acquired by someone's use of property).
What is a Pipeline Easement? Generally, an easement is a legal interest that allows someone the right to use another's property for a certain purpose. A pipeline easement specifically gives the easement holder the right to build and maintain a pipeline on a landowner's property.
Once the limitation to one pipeline is established, the landowner should maintain informed of the product running through the pipeline on his or her land. If the company wants to change the product that flows through the pipeline, it should inform the landowner because a second easement would likely be necessary.
An agreement that allows a pipeline to be laid *over and across* a landowner*s property*or other similar, broad language*is known as a blanket easement because it essentially gives the company permission to lay the pipeline anywhere on the property.
A landowner in Texas should evaluate several issues when a pipeline company approaches him or her with the intention of obtaining an easement for an oil or gas pipeline. It is best for a landowner to seek professional legal advice from a pipeline easement law firm to ensure adequate representation.
A landowner is best situated when he or she retains the right to grant additional easements within the easement area. This maximizes the easement area and prevents taking up even more of the landowner*s property for easement purposes.
If a pipeline company is attempting to secure an easement on your property, contact Padua Law Firm*s for a free consultation at 713-840-1411 or email at info@padualaw.com.
Therefore, set the pipeline*s depth at least 48 inches or require that the company maintain, at all times, the minimum 36-inch depth.
A proactive landowner can mitigate the determination of materiality by clearly defining in the agreement what violations are deemed material. A landowner can also set forth specific conditions that can terminate the agreement, regardless of materiality.
Easement negotiations and eminent domain situations can be complex. They often demand unique and experienced legal assistance. There are two issues for every easement case: compensation and easement language. It is important that the landowner addresses both of these key issues.
There is no value in getting a “win” on compensation without getting the correct language in the easement. Remember: the energy companies will attempt to take as many rights from you as possible. Your goal should be to limit the amount of rights they take.
You are entitled to just compensation for your land, but what “just compensation” means to you may be entirely different than what it means to the powerline. You need to be prepared with evidence, knowledge and resources to “win” the compensation battle.
This is a summary of the typical process for purchasing property in Texas. It doesn’t always happen this way. There can be cash deals without title companies and title insurance involved.
Normally the process starts with an earnest money contract signed by both parties. That earnest money contract is taken to the title company with the earnest money. That “opens title”.
Schedule B is the one I really want to focus on. Schedule B talks about the different encumbrances on the property. This is where you’re going to be made aware of any oil and gas leases, utility easements, power line easements, road easements, and pipeline easements. If there are deed restrictions or HOA restrictions, they will be there as well.
Not too long ago, a landowner purchased a property, and it was burdened by pipeline easement. The easement area was about 60 feet wide.
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An easement attorney should be well-schooled and experienced in the various easement laws in the State where they operate, and because these laws can be quite different from State to State and even from one county to another, hiring someone who knows the local layout, as far as easement laws, is pretty important. Those who run into various easement issues are sometimes surprised by the commonality and the wide spectrum of easement cases.
If you allow one to use land put in writing that it is not and easement, the help of a lawyer to draw this up is recommended. Check property regularly to ensure it is not being used in such a way that may lead to an easement should it continue for whichever time frame local governments have specified. Give permission, which can seem counter-intuitive but which can establish that you are lending in a limited timeframe preventing an easement.
Under the Takings Clause of the Fifth Amendment to the Constitution of the United States, the government has the authority to take privately-owned lands for “public use,” so long as the government provides the landowner with just compensation.
Oil and gas companies assert that an increase in pipeline development will expand markets and access to unconventional natural oil and gas resources obtained by fracking. Therefore, these companies claim that building additional pipelines will foster economic growth and constitutes a public use in line with recent court decisions.
If you have received notice of an imminent pipeline taking of your land, contact the law office of Sever Storey, LLP in Indiana today. We are completely committed to helping property owners fight for their rights in eminent domain cases, so call today at 888-318-3761 for a free case evaluation.