Right-of-Way
What is Right-of-Way
A right-of-way is a defined strip of land on which an operator has the rights to construct, operate, and/or maintain a pipeline. A ROW may be owned outright by the operator or an easement may be acquired for specific use of the ROW. Part of it is temporary and will be restored immediately after construction. The permanent right-of-way will remain until the Commission determines it can be abandoned by the pipeline company. This can be 20 to 50 years or more.
How companies obtain a right-of-way
The company negotiates a right-of-way easement and compensation for the easement with each landowner. Landowners may be paid for loss of certain uses of the land during and after construction, loss of any other resources, and any damage to property.
If the Commission approves the project and no agreement with the landowner is reached, the company may acquire the easement under eminent domain (a right given to the company by statute to take private land for Commission-authorized use) with a court determining compensation.
How large is the right-of-way and how is it maintained?
It is generally 75 to 100 feet wide during construction, although extra space is usually required at road or stream crossings or because of soil conditions. The permanent right-of-way is usually about 50 feet wide. Routine mowing or cutting of vegetation is done no more than once every three years. A ten-foot wide corridor, centered on the pipeline, may be mowed or cut more frequently to facilitate periodic surveys and inspections. In cropland and residential areas the right-of-way is maintained by the landowner consistent with the presence of a pipeline.
In general, will I still be able to use the right-of-way?
The easement agreement will specify restricted uses on or across the rightof-way and any types of uses for which the company’s permission must be sought. The continuation of past agricultural uses and practices on or across the right-of-way would be permitted. Buildings and large trees are usually not allowed. Special uses or activities that might have an impact on pipeline design (such as planned logging roads or drain tiles) should be negotiated with the pipeline company to minimize future conflicts.
Can the company construct above-ground facilities on the right-of-way?
Yes, if they have been approved by the Commission. Above-ground facilities, such as valves, pig launchers and pig receivers, are commonly placed in the right-of-way and are strategically placed along the pipeline system for operation and safety purposes.
Right-of-way Taxes
The landowner pays taxes on the right-of-way unless a local taxing authority grants relief. The company simply has an easement across a portion of the land.
What if I have problems with erosion or other issues during restoration and/or maintenance of the right-of-way?
The landowner should first contact the natural gas company to address and resolve the issue. If the landowner is not satisfied that the problem has been adequately addressed, he or she can contact the Commission’s Landowner Helpline at (877) 337-2237 or send an email to landownerhelp@ferc.gov.
Pipeline Installation Sequence After a company has received authorization from FERC as well as all necessary permits, and has an easement on a property, construction would proceed as follows:
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What is Right-of-Way
A right-of-way is a defined strip of land on which an operator has the rights to construct, operate, and/or maintain a pipeline. A ROW may be owned outright by the operator or an easement may be acquired for specific use of the ROW. Part of it is temporary and will be restored immediately after construction. The permanent right-of-way will remain until the Commission determines it can be abandoned by the pipeline company. This can be 20 to 50 years or more.
How companies obtain a right-of-way
The company negotiates a right-of-way easement and compensation for the easement with each landowner. Landowners may be paid for loss of certain uses of the land during and after construction, loss of any other resources, and any damage to property.
If the Commission approves the project and no agreement with the landowner is reached, the company may acquire the easement under eminent domain (a right given to the company by statute to take private land for Commission-authorized use) with a court determining compensation.
How large is the right-of-way and how is it maintained?
It is generally 75 to 100 feet wide during construction, although extra space is usually required at road or stream crossings or because of soil conditions. The permanent right-of-way is usually about 50 feet wide. Routine mowing or cutting of vegetation is done no more than once every three years. A ten-foot wide corridor, centered on the pipeline, may be mowed or cut more frequently to facilitate periodic surveys and inspections. In cropland and residential areas the right-of-way is maintained by the landowner consistent with the presence of a pipeline.
In general, will I still be able to use the right-of-way?
The easement agreement will specify restricted uses on or across the rightof-way and any types of uses for which the company’s permission must be sought. The continuation of past agricultural uses and practices on or across the right-of-way would be permitted. Buildings and large trees are usually not allowed. Special uses or activities that might have an impact on pipeline design (such as planned logging roads or drain tiles) should be negotiated with the pipeline company to minimize future conflicts.
Can the company construct above-ground facilities on the right-of-way?
Yes, if they have been approved by the Commission. Above-ground facilities, such as valves, pig launchers and pig receivers, are commonly placed in the right-of-way and are strategically placed along the pipeline system for operation and safety purposes.
Right-of-way Taxes
The landowner pays taxes on the right-of-way unless a local taxing authority grants relief. The company simply has an easement across a portion of the land.
What if I have problems with erosion or other issues during restoration and/or maintenance of the right-of-way?
The landowner should first contact the natural gas company to address and resolve the issue. If the landowner is not satisfied that the problem has been adequately addressed, he or she can contact the Commission’s Landowner Helpline at (877) 337-2237 or send an email to landownerhelp@ferc.gov.
Pipeline Installation Sequence After a company has received authorization from FERC as well as all necessary permits, and has an easement on a property, construction would proceed as follows:
