Insights on the DeLa Express Pipeline Expansion in Texas
Overview of the DeLa Express Pipeline Expansion
The DeLa Express Pipeline is a proposed long-haul natural gas and liquids-rich pipeline, stretching approximately 690 to 809 miles from West Texas (specifically, the Permian Basin) to near Lake Charles, Louisiana. This is a major infrastructure project projected to transport approximately 2 billion cubic feet of natural gas per day. The pipeline is being developed by Moss Lake Partners LP through its affiliate DeLa Express, LLC.
Pipeline proponents praise the project for supporting Texas energy growth, but numerous concerns exist regarding the legal implications for private landowners’ rights along the proposed pipeline route. Under Texas and federal law, pipeline companies with “common carrier” or “gas utility” status generally have the statutory authority to condemn land, but must demonstrate that the pipeline serves a public purpose and provide just compensation.
Vestige Law Will Protect Your Rights
If you are a landowner along the proposed pipeline route, you should consider your legal options to ensure your rights are protected as the project progresses. Vestige Law’s team of experienced Dela Express Pipeline Project attorneys is ready to protect your rights and ensure maximum compensation.
For example, Vestige Law’s Attorney Gagan Khan is highly effective in condemnation cases. She is a special commissioner and has had the opportunity to serve as a judge in many of these pipeline cases. She leverages her extensive experience to understand how judges and government entities approach valuing land in condemnation cases. Ms. Khan will defend your property rights and fight for the most just compensation in your case.
Pipeline Route and Impact on Texas Landowners
The DeLa Express Pipeline is planned to stretch approximately 645–690 miles across Texas, from the Permian Basin in West Texas to the Gulf Coast near Lake Charles, Louisiana. According to FERC filings, the pipeline project will cross many well-populated counties:
- West Texas (Permian Basin): Reeves, Loving, Winkler, Midland, Glasscock, Sterling, Upton, Ward, Andrews, Coke, Runnels, Coleman, Brown
- Central Texas: Mills, Hamilton, Coryell, McLennan, Falls, Bell, Robertson, Milam, Brazos, Grimes, Montgomery, Walker, San Jacinto, Liberty, Hardin, Jefferson, Orange
Potential Impacts Across Land Types
The proposed pipeline will affect many land types as the project proceeds:
Agricultural Land
- Many traversed areas are used for farming and ranching. The pipeline easement could limit planting or grazing near the line.
- Construction activity may damage soil quality or disrupt irrigation, with potential long-term effects on productivity and land restoration concerns
Rural Properties
- Rural landowners often view property ownership as deeply personal—some have held land for generations—and may feel compensated offers don’t reflect that heritage.
- Environmental disruptions pose a lasting impact on landscapes and habitats.
Commercial or Urban-Proximate Land
- As the pipeline moves toward the Gulf Coast, it crosses land near areas with growing commercial activity. Easements can restrict development plans or complicate land use.
- The presence of compressor stations and increased traffic could inconvenience operations and affect property values.
Easement Acquisition & Eminent Domain Authority
Pipeline developers will initially contact affected landowners with survey requests and easement negotiations, usually accompanied by offers for compensation. However, many Texans feel pressure to sign without fully understanding their rights and long-term consequences.
If voluntary negotiations with landowners fail, pipeline project developers can pursue eminent domain, which is allowed under Texas law for pipelines designated as common carriers, provided they can prove a public (or quasi-public) use and offer just compensation.
Compensation must be for easement acquisition and remainder damages, which are the loss of value or usability of the remaining property.
Landowners Have Protections and Rights
If your land is under threat by the pipeline, you should retain a skilled Dela Express Pipeline Project attorney immediately before signing any easement documents. Additionally, Vestige Law recommends participating in FERC scoping work and stakeholder meetings to ensure your voice is heard.
Understanding Eminent Domain in the Context of DeLa Express
Private entities in Texas, including pipeline companies, can exercise the power of eminent domain if they are a common carrier, as defined in Texas Natural Resources Code 111.002. To qualify, the company must transport natural gas, crude oil, or similar products for the public, and not merely for its own profit.
The delegation depends on the state constitutional requirement that any takings must be for public use. For a gas pipeline, transporting energy products to the marketplace is a public benefit. If DeLa Express shows it will carry oil or gas to serve the public, it has eminent domain authority.
How Pipeline Projects Exercise Eminent Domain
DeLa Express and other pipeline companies must follow these procedures to acquire private land:
- Appraisal: The company hires an appraiser to assess the fair market value of the property or the impact of the easement. This valuation often fails to fully account for the long-term impacts on land use or property value.
- Bona Fide Offer & Negotiation: Texas law requires a “bona fide offer” before filing a condemnation. The offer must be in writing, based on a written appraisal, and include the Landowner’s Bill of Rights (a required notice document). The company must attempt good-faith negotiations with the landowner.
- Condemnation (if no agreement is reached): The company files a condemnation petition in the county court where the land lies. The judge appoints three special commissioners (local landowners) to hold a hearing and decide compensation.. Next, the landowner and company may present evidence (appraisals, expert testimony). Either party can appeal the commissioners’ award to the district court, where a jury trial on damages can occur.
Public Use vs. Private Development
The state constitution forbids takings for private economic use. A taking must be for the general public, such as with roads, utilities, and common carrier pipelines.
Additionally, if the company acquires land solely for its own operations, the eminent domain authority does not apply. Texas courts, especially after Texas Rice Land Partners v. Denbury Green Pipeline (2012), scrutinize whether pipelines truly serve a public use. Companies must demonstrate that unaffiliated third parties can access the line.
Common Property Owner Pitfalls
Landowners negotiating with pipeline companies with eminent domain authorities may fall into various traps:
- The offer undervalues your land: An initial appraisal may focus merely on the land value, ignoring reduced property value, loss of development potential, and farming/ranching restrictions.
- Aggressive terms: The easement may give rights that are too broad. Without your attorney’s care in negotiations, landowners may surrender far more than they should.
- Time is (allegedly) limited: The company may pressure you to make a decision quickly, but the law offers you many protections.
- No independent appraisal: Never rely solely on the company’s appraisal. Rely on Vestige Law to secure realistic and independent appraisals to challenge just compensation.
Rights of Landowners and the Importance of Legal Representation
Landowners facing eminent domain proceedings, such as those involving the DeLa Express Pipeline, should understand their rights and the critical role their attorneys can play in protecting their interests. All affected landowners have these rights:
- Notice: Landowners have the right to be notified before any action is taken on their property.
- Appraisal Access: Owners are entitled to an appraisal of their land to determine its fair market value.
- Negotiation: You may negotiate compensation and terms rather than immediately accepting the condemning authority’s first offer.
- Hearing: Landowners have the right to present their case in a formal hearing.
- Appeal: If dissatisfied with the outcome, landowners can appeal to a higher court.
Why You Need Vestige Law
Retaining a skilled, proven DeLa Express Pipeline eminent domain lawyer is the wisest decision you can make. Our attorneys have successfully resolved many similar cases favorably for our clients. We can:
- Evaluate Fair Market Value: Ensure the property is accurately and comprehensively appraised.
- Argue for Severance Damages: Account for the reduced value of the remaining property when only part is taken.
- Negotiate Easement Terms: Secure more favorable easement conditions that limit intrusions and protect long-term land use.
- Challenge Lowball Offers: Ensure that compensation reflects both the land’s worth and the impact of the taking.
As a landowner, remember: You are not required to accept the initial compensation offer. Initial offers usually undervalue your property or ignore long-term damages.
When negotiations falter, Vestige Law attorneys can initiate litigation to obtain fair compensation for you and safeguard your property rights. Our attorneys are tenacious and experienced, and we know how to ensure you are not shortchanged.
Environmental and Community Impacts of the Pipeline
While pipelines are often promoted as critical infrastructure, they can also have significant environmental and community impacts that landowners and residents should be aware of. Additional compensation may be necessary to offset these negatives:
Environmental Consequences
- Groundwater Disruption: Construction activities may disturb underground aquifers, potentially impacting drinking water supplies and irrigation sources.
- Habitat Fragmentation: Pipeline corridors can divide ecosystems, threatening wildlife migration and reducing biodiversity.
- Noise and Vibration: The use of heavy machinery during construction can cause ongoing noise pollution, disturbing both residents and natural habitats.
Moreover, your community may suffer road access restrictions that limit the public’s ability to use public and private roads. Dust, emissions, and potential chemical leaks can exacerbate air pollution. Additionally, easements may restrict farming, development, and other positive uses of the remaining land.
Vestige Law may advocate for operational changes or migration plans to reduce environmental and community harm.
Navigating the Condemnation Process: What to Expect
When negotiations with a pipeline company fail, the process may move into formal condemnation proceedings. Understanding what comes next helps landowners protect their rights and prepare for each step.
Condemnation Begins
If an agreement cannot be reached, the company may file a lawsuit to condemn the property. At this stage, special commissioners, typically three local landowners appointed by the court, are tasked with holding a hearing and determining initial compensation.
Timelines and Critical Filings
- Notice of Condemnation: Landowners receive formal notice that proceedings have begun.
- Commissioners’ Hearing: Evidence and appraisals are presented to establish compensation.
- Award Determination: Commissioners issue a compensation award based on the testimony and valuations provided.
- Right to Appeal: If either party is dissatisfied, the case may proceed to a trial before a judge or jury.
Eminent domain actions involving the DeLa Express Pipeline are complex, and numerous pitfalls await landowners who fail to retain legal counsel to defend their rights.
Vestige Law is a proven condemnation law firm dedicated to securing the maximum compensation for our clients’ land. We leave no stone unturned in getting every dime of compensation for your property. With Vestige Law at your side, you will never be short-changed in your battle over the DeLa Express Pipeline Project.
Frequently Asked Questions
Can the DeLa Express Pipeline use eminent domain to take private land in Texas?
Yes, the DeLa Express Pipeline can use eminent domain to take private land in Texas, but only under clearly defined legal conditions. For example, once the Federal Energy Regulatory Commission issues a Certificate of Public Convenience and Necessity, the pipeline operator may use eminent domain rights to acquire the needed rights-of-way.
How will I be notified if my property is in the path of the DeLa Express Pipeline?
If your property is in the potential path of the DeLa Express Pipeline, you won’t be left guessing. You may be formally notified in several ways, depending on the project’s stage. You may receive an early notification letter, a request to survey your land, or a formal eminent domain notice if the case progresses that far.
Do I have to allow pipeline construction on my land in Texas?
Not automatically. In Texas, you do not have to allow pipeline construction on your land unless certain legal conditions are met. If the pipeline company contacts you, they will try to negotiate an easement agreement. If negotiations fail, the company may seek eminent domain after getting FERC approval.
What rights do landowners have if their property is targeted for pipeline expansion?
If your property is targeted for a pipeline expansion, like the DeLa Express Pipeline in Texas, you have several legal rights at both the federal and state levels. These rights focus on notice, negotiation, access, and compensation.
How is compensation determined for land taken by DeLa Express in Texas?
If the DeLa Express Pipeline or any other pipeline takes or uses part of your property, compensation is determined under eminent domain law. The law states that the company must pay you fair market value for the property or easement. You also may be entitled to severance damages for a reduction in the value of your remaining property.
Can I negotiate the terms of a pipeline easement with DeLa Express?
Yes. As a Texas landowner, you can negotiate the terms of a pipeline easement with DeLa Express. In fact, negotiation is often the best way to protect your property and maximize compensation.
What is the difference between granting an easement and a full taking in pipeline cases?
The distinction between granting an easement and a full taking is crucial in pipeline cases, such as the DeLa Express Pipeline. They affect how much control you retain over your property, how compensation is calculated, and what your long-term rights are.
An easement is a limited property interest—you retain ownership of your land, but the pipeline company gets the right to use a portion of it for a specific purpose. A full taking means the pipeline company acquires ownership of the land, transferring all property rights to them.
Will the pipeline impact the future value or usability of my property in Texas?
Yes. A pipeline like the DeLa Express Pipeline can affect the future value and usability of your property in Texas, but the extent depends on several factors, including whether it’s an easement or full taking, the pipeline’s route, and the type of property.
Can I refuse to sell or grant an easement to DeLa Express?
Yes, you can initially refuse to sell or grant an easement to a pipeline, such as DeLa Express. However, whether your refusal ultimately prevents the project depends on the pipeline’s legal authority and the stage of the project. You may be forced to allow the easement, but you will be entitled to fair compensation.
What should I do if I receive an offer or condemnation notice from the pipeline company?
If you receive an offer or a condemnation notice from a pipeline company, such as DeLa Express, in Texas, it’s crucial to act carefully. Never sign anything immediately. Review the notice to see if it is a voluntary offer or a condemnation notice. Then, contact Vestigge Law’s condemnation or real estate attorneys, who are familiar with Texas pipeline cases.
