Texas energy regulators adopt rule to beef up gas, oil pipeline-permit requirements
“Texas regulators this week adopted a rule that will boost requirements for pipeline developers seeking to obtain a coveted classification for their pipelines that would allow them to seek authority to condemn surface land under the doctrine of eminent domain.
Industry groups largely accepted the regulation as not being too onerous, but several groups representing surface landowners say it does not go far enough to protect their property rights against the power of the pipelines.
On Wednesday, the Texas Railroad Commission unanimously adopted pipeline permit rule amendments that require pipeline operators to verify their claim to be a common carrier when applying for a T-4 permit to operate a pipeline or when renewing, amending or canceling an existing permit.
Under state law, a pipeline or pipeline system can be classified as a common carrier, a gas utility or private line operator, but only common carrier pipelines can use the power of eminent domain to secure their right of way.”
Platts 4 December 2014.