Study On Right Of Way Of Oil & Gas Transmission Pipeline

The oil & gas transmission pipeline refers to the pipelines connecting originating pump station, intermediate pump station, and terminal delivery station. Pipeline transmission is the most important and common way to transport petroleum resource in the world currently. Pipeline owners have to achieve land-use rights for construction, use, inspection, maintenance or repair of pipelines and facilities located on others land. This right calls the Pipeline Right of Way (P.R.W), mainly includes the underground P.R.W, the crossing P.R.W and the follow-up use P.R.W. China has not established the system of P.R.W, as a result a number of problems occurred in project practice. The introduction of the P.R.W has great realistic significance for the accessing and compensation of pipeline construction sites, the balance among land-use rights owners, the safety of pipelines and the protection of ecological environment. After the promulgation and implementation of "Property Law", the Usufruct such as the land-use rights for construction and easement was established. The P.R.W is not attributable to the land-use rights for construction, but easement provides a new model for the P.R.W. So based on the easement system and the experience of foreign system of P.R.W, the Chinese system of P.R.W will establish to be guidance for pipeline projects.This paper firstly describes the concept, content, features and functions of P.R.W, the relationship between P.R.W and the land-use rights for construction/the space right /easement/neighborhood/public easement was discussed following by, the legal characteristics and right attributes of P.R.W were analyzed after. Through comparison analysis of foreign system of P.R.W and system of P.R.W in project practice, based on easement system, the paper presents an exploratory research of Chinese system of P.R.W.