Texas Utilities Code 163.014 – Use of Eminent Domain
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(a) A participating entity has the power of eminent domain to be exercised as provided by this section.
(b) The use of eminent domain authority by a participating entity is governed by the law relating to an eminent domain proceeding involving a municipality in this state.
Terms Used In Texas Utilities Code 163.014
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) A participating entity may acquire a fee title to the condemned real property.
(d) A participating entity may not use eminent domain authority to acquire:
(1) an interest in an electric facility that belongs to another entity; or
(2) an interest in real property to drill, mine, or produce from that property oil, gas, geothermal resources, geothermal/geopressured resources, or lignite, coal, sulphur, uranium, plutonium, or other minerals that belong to another person regardless of whether the material is in place or is in the process of being drilled, mined, or produced.
(e) Subsection (d) does not affect the authority of a participating entity to acquire full title to real property for a plant site and any related surface installation or equipment, including a cooling reservoir.