Texas Natural Resources Code - Section 11.079. Access To Land
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§ 11.079. ACCESS TO LAND. (a) The state, a permittee of
the state, or a lessee or assignee of state land or minerals
dedicated to the permanent school fund may exercise the power of
eminent domain to obtain an easement whenever it is necessary to
enter or cross the land of another person for the purpose of
obtaining access to any land or interest in land that is owned by
the state and that is dedicated by law to the permanent school fund.
(b) If the state or such permittee, lessee, or assignee and
the private owner of the land through which an easement for access
is sought cannot agree on the place or the terms for the easement to
obtain access, either the state or such permittee, lessee, or
assignee may, in order to provide that access, exercise this power
of eminent domain in the manner provided by Chapter 21, Property
Code.
(c) Easements acquired under this section are declared to be
for the sole use and benefit of the state, its permittee, lessee, or
assignee and may be used only to the extent necessary to achieve the
required access or for the purposes for which the permit, lease, or
assignment was granted. An easement so acquired is hereby
dedicated to the permanent school fund.
(d) If the state desires to utilize the power of eminent
domain to obtain an easement under this section for access to a
tract of land, the attorney general shall institute condemnation
proceedings as provided under Chapter 21, Property Code. If
agreement regarding an easement for access cannot be reached with a
private landowner, a permittee of the state or a lessee or assignee
of land or minerals dedicated to the permanent school fund desiring
to utilize this section to obtain an easement for access to a tract
of land must institute the condemnation proceedings authorized by
this section.
(e) If the easement acquired under this section is taken
solely to benefit a tract of land in which the permanent school fund
owns only a mineral interest, the easement shall not be permanent
but shall be limited to the term that the state minerals are held
under a valid prospect permit or lease. The easement will terminate
when the prospect permit and lease expires or terminates.
(f) This section is cumulative of the provisions of
Subtitles C and D, Title 2, Natural Resources Code, relating to
access to land and to the power of eminent domain. The special fund
accounts established under Sections 51.401, 52.297, and 53.155 of
this code may be used to compensate landowners for an easement to
obtain access under this section.
Added by Acts 1987, 70th Leg., ch. 1061, § 1, eff. Aug. 31, 1987.
Section: 11.072 11.073 11.074 11.075 11.076 11.077 11.078 11.079 11.0791 11.080 11.081 11.082 11.083 11.084 11.085
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Last modified: August 10, 2007
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