Common carriers may exercise eminent domain, and they must give landowners notice, indemnification, and certain survey-related disclosures before entering property for a preliminary survey.
Sec. 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.