Texas Local Government Code 552.102 – Eminent Domain by Municipal Sewer Providers
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(a) A corporation incorporated in this state for the purpose of owning, constructing, or maintaining a sewer system in a municipality may by eminent domain condemn private property to:
(1) construct and maintain sewer pipes, mains and laterals, and connections; and
(2) maintain vats, filtration pipes, and other pipes for the final disposition of sewage.
(b) A corporation may exercise a power described by Subsection (a) only if:
(1) the use of private property is necessary for the successful operation of the sewer system; and
(2) the sewer system is beneficial to the public use, health, or convenience.
Terms Used In Texas Local Government Code 552.102
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Property: means real and personal property. See Texas Government Code 311.005
(c) The power of eminent domain may not be used under this section in the boundaries of a municipality unless permitted or required by the municipality granting a franchise to the corporation seeking the right of condemnation.