TEXAS, USA — DeLa Express LLC, a subsidiary of Moss Lake Partners LP, is working through the steps of getting permits to build 645 miles of pipeline to carry two billion cubic feet of natural gas per day from the Permian Basin of West Texas to Lake Charles, Louisiana.
Part of that process is to receive public input about the plan, and its potential environmental impact. The Federal Energy Regulatory Commission (FERC) has opened that phase. It's called "scoping", according to their notice.
Clint Schumacher, an eminent domain attorney with Dawson & Sodd, PLLC., said this is an important phase for land owners who could potentially be impacted by the pipeline.
"Once they decide on a final line and once it gets permitted, it's very difficult to get it to move at that point." Schumacher said. "The best thing to do is to raise issues that you may have with the pipeline company early and see if they will agree to reroute the line."
Schumacher said the law firm has already received inquiries from Central Texans who have been contacted for being in the potential path of the DeLa Express pipeline. He said it's a recent phenomenon that large pipelines have started to cross through the central part of Texas.
"I think in part because that route is shorter from the Permian Basin down to the Gulf coast where this gas is ultimately being delivered and it's unfortunate for people that live on properties where you've not historically had pipeline activity, but it seems to be kind of where we're at as we sit here in 2024," Schumacher added.
The eminent domain lawyer said it's important for land owners to understand their rights, but in some cases, there might not be much they can do.
"A lot of people are surprised that the government, or even in this case a private pipeline company that's been given rights by the government, can forcibly come onto your property," Schumacher explained what eminent domain is. "Thankfully, in our country and in the state of Texas, when that happens, you are entitled to be fairly compensated for the damage that you suffer. You're not completely without rights, it's hard to stop it, but you at least get the right to be compensated for the damage if they do have the legal right to cross."
The Texas Constitution guarantees if a pipeline company crosses your property, you're entitled to fair compensation, both for the land that they're taking and if they devalue the rest of your land.
"You can negotiate that," Schumacher said. "If it went far enough, you could get even expert opinions from real estate appraisers to help you understand how much you're due. Ultimately, if the two sides couldn't come together, you're even entitled to your day in court where a jury would tell you what you're entitled to."
As FERC's in-person meetings are underway and the public input period is open, Schumacher said there are a couple things landowners should keep in mind and consider.
"Understand what's the timing, what kind of route are you on and if there's anything specific about your property that needs to be considered, you want to make sure you're letting them know that including putting that in writing to them," Schumacher said.
Schumacher said the pipeline approval process is relatively slow and after the public input phase ends, it will be a while before DeLa Express LLC would receive permits if they are granted them. He said landowners who will be impacted will hear from surveyors as the pipeline's path becomes finalized. Schumacher said you aren't going to be able to prevent a surveyor from coming on to your land.
"In fact, if you try to stop them, probably the pipeline company will go to court and get a [temporary restraining order] to instruct you from stopping," Schumacher added. "What we have found to be a lot more effective is to negotiate a license agreement with the pipeline company that says you can come on, you can come on during this time frame and if something bad happens you've got to reimburse us for any of the damage that you cause. It's rare that that would happen, but it's nice to have that in writing."
If you are interested in providing input on the pipeline, you can find information here.
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