Texas Gas Pipeline Easement
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FAQ
A right-of-way is a strip of land typically about 50 feet wide (depending on location) containing a pipeline or other utility. Many rights-of-way contain more than one underground pipeline or utility and can be wider depending on the number of infrastructure assets within.
Easements are treated as a recovery of the basis of the property first, with any excess proceeds treated as capital gain, which is taxed at a lower rate than ordinary income. The basis of property that offsets an easement is limited to the basis of the affected acres or square footage.
For natural gas pipelines, the greatest risk is associated with fires or explosions caused by ignition of the natural gas, This can cause significant property damage and injuries or death.
If an easement is 50 rods long, that is almost an acre. In a recent case, a pipeline company paid some owners $180 per rod and others $767 per rod for the same project.
Natural gas pipelines don't just raise concerns about the environment and private property rights they could also affect owners' wallets. Pipelines can reduce property values by 5 to 40 percent by making them less attractive to potential buyers, according to local Realtors.
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.
How much money should landowners get when an oil or gas pipeline crosses their land? As it stands, landowners receive a one-time payment roughly based on the length of the pipeline, with rates varying from $5 to $50 per foot or more for a Marcellus or Utica shale pipeline right-of-way agreement.
Since the 1970s these service pipes have been made of plastic for both new buildings and where the gas meter has been replaced. Building over these service pipes can cause difficulties and action would be required if an extension to a property results in the situation shown below.