Replies to This Discussion

Permalink Reply by KIM CASWELL on April 15, 2013 at 16:33

I have an abandoned pipeline on my property have no idea who to contact. Any advice out there?

• ▶ Reply

Permalink Reply by dan dugdale on April 15, 2013 at 22:09

had a well drilled I think back in 2005.  never produced and it took them years before they pulled everything and restored everything as best as they could.  Pretty sure that if they plug and seal off the well, they drilling company is required by the EPA to return the property back to original condition.

• ▶ Reply

Permalink Reply by Skip Peel - Mineral Consultant on April 16, 2013 at 1:01

http://pipelineandgasjournal.com/who-owns-abandoned-pipelines?page=...

• ▶ Reply

Permalink Reply by wpt9452 on April 16, 2013 at 11:16

I have a well on my property that was drilled around 1985 and the christmas tree is still there. The tubing broke off at around 5,000 ft. down and about 6 years ago they tried to fish out the tubing and restart the well but they were unsuccessful. I guess the heater treater and the well head will stay there forever.

• ▶ Reply

Permalink Reply by Skip Peel - Mineral Consultant on April 16, 2013 at 11:53

All states have orphan well programs that will plug and abandon a well if the operator refuses or is out of business.

• ▶ Reply

Permalink Reply by William C. Morrison on April 16, 2013 at 14:05

We have abandoned gas wells all over the Barnett Shale with pipeline stubs.  Nobody is removing the stubs, the well casing has been pulled up and the tree is long gone.  But no body is taking pipelines around here.  They are adding a 10 inch line to the area and to the sweetening plant.  We have new pipelines running all over Parker County.  It had over 280 miles of pipeline before the boom started some 7 years ago.  That was left over from the shallow oil well days.  EPA got slapped in the face by the Federal Courts around here.  Order full stop because of alleged gas in water well, later found out the land owner, a green person, hooked up a gas line to his water well and did a demonstration to the EPA.  They bought it until the evidenced showed otherwise.  The land owner is now in volved in slander lawsuit and the production company is going in for the kill - no out of court settlement.

But nobody is taken up a pipeline around here.  Like I said they are adding them here.

• ▶ Reply

Permalink Reply by Harold5011 on April 16, 2013 at 15:10

Buried in the Louisiana Revised Statutes is an article that states that if a pipeline is abandoned and the right of way agreement is silent as to removal and if the landowner makes a demand for removal and if the pipeline company does not remove it within 90 days of the demand, then the pipeline becomes the property of the landowner. I remember that there is a case in regard to the Act that was filed soon after the Act became effective, and years later I located and called the plaintiff's attorney to ask about the case. He wouldn't send me copies of the briefs,  but the attorney did tell me a lot about the case and how and why the oil & gas industry was able to get the act through the legislature 40 to 50 years ago. What called my attention to the Act was the response to a request I made to a company that now goes by Exxon asking they remove a pipeline. Exxon's response came about 3 months later. The letter cited the Act and stated that 90 days have passed, "so you now own it".   

• ▶ Reply

Permalink Reply by Andrew on April 18, 2013 at 12:45

Harold,

I think you're actually referring to a Civil Code article and not a Revised Statutes section. Article 493 was amended in 2004 with the explicit purpose of overruling the case you were referring to, Guzzetta v. Texas Pipe Line Co., 485 So. 2d 508 (La. 1986). 

Now, when the company who owns the pipeline "no longer has a right to use the land" for pipeline purposes (generally meaning that the pipeline servitude or ROW agreement has terminated), the owner MAY appropriate ownership, but isn't forced to unless they so choose. 

This particular Civil Code article has historically been difficult to deal with, but anyone who's interested to see what it says can view it on legis.state.la.us. 

• ▶ Reply

Permalink Reply by Thomas C. Gandolfo on April 23, 2013 at 1:34

Dear Dan:

I think I can help you. What was the name of the Well, what's the name of the company that had the Lease and what company drilled the Well?   Please send info to: tomgandolfo@gmail.com

Tom Gandolfo

Retired Independent Landman

• ▶ Reply

Permalink Reply by dbob on April 16, 2013 at 14:51

Texas rules/status can be found here

http://www.rrc.state.tx.us/environmental/plugging/index.php

The oilfield clean-up program info is here:

http://www.rrc.state.tx.us/environmental/plugging/statemanagedclean...

basically, if it gets fully abandoned, it goes on list, and is handled by perceived priority.  

• ▶ Reply

Permalink Reply by B on April 16, 2013 at 14:57

Thanks everybody for your replies.  I guess i didn't make my question clear.  I'm considering writing into a proposed right of way easement for a pipeline over and across my 160 acre tract of land (2,600 lineal feet), a provision that upon abandonment of the pipeline (a 16 inch LNG line), the grantee of the easement will remove it from the ground and restore the surface.  This way the abandoned pipeline will not interfere with future development of my land.  Many thanks. 

• ▶ Reply

Permalink Reply by Skip Peel - Mineral Consultant on April 16, 2013 at 15:12

Bill, if you are looking for specific legal language you need the services of an experienced O&G attorney. 

• ▶ Reply

• ‹ Previous
• 1
• 2
• 3
• Next ›
• Page