TDCAA Community
Pipeline crossing without permit

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/257098965/m/4567009416

October 06, 2015, 11:14
J Napper
Pipeline crossing without permit
I have a situation in which a pipeline company has crossed our county roads in several places without going through our permit procedure. Because of this, they did not use a casing over their pipe and my County Judge wants to know what our remedies are for this. Nuisance suit? Criminal violation? Any suggestions would be welcome.
October 07, 2015, 10:44
Ray
You will need to find out if the company is a "common carrier". I thought the Railroad Commission might help but their website is less than helpful. Still you might check it out:
http://www.rrc.state.tx.us/abo...in-and-condemnation/

Case law for common carriers has become less helpful but I would not be surprised if the Texas Legislature helped them out. If the pipeline company is a common carrier your remedies are limited to non-existent.