Pipeline Easements in the Energy and Water Industry

Abstract

The energy and water supply as well as the waste water disposal are conducted via pipelines. For the transport of electricity, gas, water and also waste water, pipelines are needed which regularly run through properties that are not owned by the respective network operator. These pipelines pass through public infrastructure, i.e. in particular streets, as well as private property. Against this background, the present article explains the legal framework of the potential pipeline easements available to network operators. After an introduction into the general principles of the subject matter, we will focus on the issue of accessing public roads and privately owned land. Finally, we will provide an overview of the expropriation procedure pursuant to section § 45 EnWG (Energy Industry Act) as well as of the water law-related rights of coercion.