Tex. Nat. Resources Code Section 111.019
Right of Eminent Domain

(a)

Common carriers have the right and power of eminent domain.

(b)

In the exercise of the power of eminent domain granted under the provisions of Subsection (a) of this section, a common carrier may enter on and condemn the land, rights-of-way, easements, and property of any person or corporation necessary for the construction, maintenance, or operation of the common carrier pipeline.

(c)

Upon written request by a resident or owner of land crossed by a common carrier pipeline, the common carrier must disclose material data safety sheets concerning the commodities transported by the common carrier required by the commission and the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Section 11001 et seq.). Such disclosure must be in writing and must be mailed or delivered to the resident or landowner within 30 days of receipt of the request.

(d)

Before entering property for the purpose of making a preliminary survey to be used in the exercise of the power of eminent domain granted under this section, the common carrier or its employees, contractors, agents, or assigns shall provide the property owner with:

(1)

written notice of the carrier’s intent to enter the property; and

(2)

an indemnification provision in favor of the property owner with respect to damages, if any, resulting from the survey.

(e)

Notice and indemnification provided under Subsection (d):

(1)

must be provided to the property owner not later than the second day before the date of entry to the property;

(2)

must include the phone number of a person whom the property owner may contact regarding any questions or objections the property owner has relating to the survey; and

(3)

may be provided by first class mail, e-mail, personal delivery to an adult living on the property, or by any other method of service authorized by the Texas Rules of Civil Procedure.

(f)

Entry to property for which notice is provided under Subsection (d) is subject to the conditions that the entry:

(1)

is limited to only the portion of the property that:

(A)

is anticipated to be affected by:
(i)
the route of the proposed pipeline; or
(ii)
a proposed pipeline appurtenance; or

(B)

must be accessed to conduct the survey, including the property corners or property location monuments necessary to identify the boundaries of the property;

(2)

is limited to the purpose of conducting surveys;

(3)

unless otherwise authorized by the property owner, does not authorize the cutting, removal, or relocation of a fence for the purpose of conducting the survey without the prompt restoration or repair of the fence;

(4)

requires the restoration of property to be as close as reasonably possible to the original condition before entry;

(5)

requires all equipment and tools used in the survey to be removed by a certain date; and

(6)

requires that the property owner, on written request, be provided, at no charge, a survey plat or depiction gathered and prepared from information obtained from the survey.

(g)

This section does not prevent an entity from seeking survey access rights or seeking to prevent interference with those rights in a civil action authorized under other law.
Acts 1977, 65th Leg., p. 2580, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 630, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1039 (H.B. 4107), Sec. 1, eff. September 1, 2021.

Source: Section 111.019 — Right of Eminent Domain, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­111.­htm#111.­019 (accessed Apr. 13, 2024).

111.001
Definitions 111.002
Common Carriers Under Chapter 111.003
Applicability of Chapter 111.004
General Restriction on Transportation of Oil 111.011
Regulation in Public Interest 111.012
General Jurisdiction of Commission 111.013
Control of Pipelines 111.014
Publication of Tariffs 111.015
Transportation Without Discrimination 111.016
Discrimination Between Shippers 111.017
Equal Compensation for Like Service 111.018
Effect of Commission Order 111.019
Right of Eminent Domain 111.020
Pipeline on Public Stream or Highway 111.021
Pipeline Under Railroad, Street Railroad, or Canal 111.022
Right to Use Street or Alley in City or Town 111.023
Exchange of Facilities 111.024
Limit on Amount of Oil Carried 111.025
Abandoning Connections 111.051
Applicability of Statute to Public Utilities 111.052
Discrimination by Public Utility 111.053
Bond of Public Utility 111.054
Lien for Storage Charges 111.081
Definition of Common Purchaser 111.082
Purpose for Including Certain Entities Under Regulation as Common Purchasers 111.083
Duty of Certain Common Purchasers 111.084
Operation of Gathering Systems for Crude Petroleum 111.085
Applicability of Rate Provisions to Certain Common Purchasers 111.086
Discrimination Between Persons and Fields 111.087
Conditions in Taking Production 111.088
Commission Relief 111.089
Discrimination as to Royalty Oil 111.090
Compliance by Common Purchasers 111.091
Prevention of Discrimination 111.092
Injunction to Prevent Discrimination 111.093
Forfeiture of Charter of Domestic Corporation 111.094
Forfeiture of Charter of Foreign Corporation 111.095
Action for Damages 111.096
Duties and Responsibilities of Common Purchasers, Purchasers, Gatherers, and Transporters 111.097
Antitrust Laws Unaffected 111.131
Commission Rules for Common Carriers 111.132
Commission Rules for Public Utilities 111.133
Enforcement by Commission 111.134
Notice and Hearing 111.135
Validity of Commission Orders 111.136
Review of Orders 111.137
Enlargement and Extension of Facilities 111.138
Books and Records 111.139
Reports 111.140
Filing Monthly Statements 111.141
Grades of Oil 111.142
Equitable Apportionment of Excessive Amount of Crude Petroleum 111.181
Establishing and Promulgating Rates 111.182
Items Included in Rates 111.183
Basis for Rate 111.184
Discretion of Commission 111.185
Temporary Rates 111.186
Reparation and Reimbursement 111.187
Reimbursement of Excess Charges 111.188
Annual Rate Hearing 111.189
Hearing and Determination of Rates 111.190
Hearings to Adjust Rates 111.0191
Costs of Relocation of Property 111.0192
Limitations on the Powers of Eminent Domain in Certain Situations 111.0193
Restoration of Property 111.0194
Pipeline Easements 111.221
Complaints 111.222
Application for Receivership 111.223
Appointment of Receiver 111.224
Duties and Responsibilities of Receiver 111.225
Motion to Dissolve Receivership 111.226
Bond 111.227
Provisions Applicable to Enforcement 111.261
Penalty Recoverable by State 111.262
Penalty Recoverable by Aggrieved Party 111.263
Penalty Recoverable by State and Aggrieved Party 111.301
Certificate Required 111.302
Commission Authority to Issue Certificates 111.303
Certification Procedure 111.304
Transportation Contract 111.305
Other Agencies 111.401
Definition 111.402
Creation of Well Wastewater Corporation 111.403
Corporation Powers 111.404
Condemnation 111.405
Service to Well Wastewater Producers 111.406
Ownership of Stock
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

§ 111.019’s source at texas​.gov