pipeline erosion problems

[Kossetx]

Morning folks, I've seen such good info here on easement problems here is a new one for the brain trusts to answer.

I have a pipeline easement dating from 1960 across my land. Across the pipeline runs a dry wash about 10 feet deep. The pipeline company comes in routinely and clears the brush on this wash. They don't clear the pipeline before or after the wash, just along this small creek. This causes erosion and recently, a cave in of about 10 cubic yards fell in and washed away. I have asked the pipeline to cease cutting along the wash but they won't put anything in writing saying they will. Is a lawsuit my only option? I'm guessing this is what they're banking on.

Thanks, mark

[brokeno]

Your probably not going up the ladder high enough Make a call to their main office. My encounter with pipeline companies they are willing to keep the land owners happy

[Dru]

You should be able to find the original agreement. 1960 ROW agreements were a lot more land owner friendly. Get a copy of it and it will let you know what your options are.

[Kossetx]

would the original agreement be filed with the county?

[CB_TxNole]

Your probably not going up the ladder high enough Make a call to their main office. My encounter with pipeline companies they are willing to keep the land owners happy

This is what I'm thinking. They should get you in contact with the right people at the main office. They probably wont quit cutting that area as they need to for safety reasons?? But maybe they can figure out something to help with the erosion. Most companies def want to keep the land owner happy while also doing things in the safest manner.

[RWB]

My question is how in the world do you get them to cut now your pipeline? They never cut ours

[Kossetx]

This is what I'm thinking. They should get you in contact with the right people at the main office. They probably wont quit cutting that area as they need to for safety reasons?? But maybe they can figure out something to help with the erosion. Most companies def want to keep the land owner happy while also doing things in the safest manner.

I doubt it's a safety issue. Like I stated, 20' from the wash they don't maintain the pipeline at all. It grows wild. In reality all I want from them is a guaranty that if they cut down the brush that slows erosion they'll fix the problems that arise from the erosion. The pipeline hires the job of clearing out and the contractor comes in and does what they want and I have to deal with the results. The last contractor threw paint cans into my woods 50' off the pipeline and pushed the brush they cut onto my land, (even though it's all my land.)The pipeline realized it was their cans because the colors they use was written on top of the cans.

I'd be happy to replant some brush to minimize the problem but if they come in a few years from now and cut it away, I'm spinning my wheels. They have come out, they just don't give me an answer. I've been dealing with this for a year now.

[Kossetx]

My question is how in the world do you get them to cut now your pipeline? They never cut ours

They come in unannounced when they want. Cut my fence to get in and then patch it

[Drycreek3189]

I think a letter from an attorney would get their attention. I can’t see why that’s the only place they are cutting brush. What would it benefit them if they’re not mowing the rest of the R. O. W. ? There’s something I’m not understanding here.

[Kossetx]

[quote=Drycreek3189;14713964]I think a letter from an attorney would get their attention. I can’t see why that’s the only place they are cutting brush. What would it benefit them if they’re not mowing the rest of the R. O. W. ? There’s something I’m not understanding here.[/quote

The reason they stop there is they can't get machines across the creek. That's the whole reason I think they should stop. It does no good to cut brush on the banks and not beyond. I'll post some pics tomorrow to show that. Up to the creek, I maintain the pipeline as pasture but again, the contractors do what they feel like.

[Pstraw]

The pipeline company is responsible for any damage that they or their contractors do on the right of way as well as any other damage caused because of the work done on the ROW. You might also mention for them to install a gate for access instead of cutting the fence.

[Drycreek3189]

I see now. If it were me, and I couldn’t get them to change what they’re doing, I’d get an attorney involved. They have rights, but as a landowner you do too. Good luck !

[dbaio1]

Call the main office ask to speak with someone in landowner relations regarding a safety and liability matter.

[sqiggy]

They come in unannounced when they want. Cut my fence to get in and then patch it

Awwwwwwwwww hell no!!!
They would be putting in a gate after that first time if it was me!!!

[cehorn]

Where does the erosion go? I hate to be that guy but if it goes downstream into/with the creek you could also try calling TCEQ on them if they aren't responsive to you. Sediment and erosion can be a big deal to the right people at TCEQ.