Texas Natural Resources Code - Section 91.179. Appropriation Of Storage Facilities; Limitations
Legal Research Home >
Texas Lawyer > Natural Resources Code > Texas Natural Resources Code - Section 91.179. Appropriation Of Storage Facilities; Limitations
§ 91.179. APPROPRIATION OF STORAGE FACILITIES;
LIMITATIONS. After an order of the commission is issued approving
a storage facility, a storer may condemn without further attack as
to its right to condemn, any subsurface sand, stratum, or formation
for the underground storage of natural gas, condemning all mineral
and royalty rights as are reasonably necessary for the operation of
the storage facility, subject to the limitations of this
subchapter, and the storer may condemn any other interests in
property that may be required, including interests in the surface
estate in the sand, stratum, or formation reasonably necessary to
the operation of the storage facility, provided that:
(1) no part of a reservoir is subject to condemnation
unless the storer has acquired by option, lease, conveyance, or
other negotiated means at least 66-2/3 percent of the ownership of
minerals, including working interests, and 66-2/3 percent of the
ownership of the royalty interests, computed in relation to the
surface area overlying the part of the reservoir which as found by
the commission to be expected to be penetrated by displaced or
injected gas;
(2) no dwelling, barn, store, or other building is
subject to condemnation; and
(3) the right of condemnation is without prejudice to
the rights of the owners or holders of other rights or interests of
land to drill through the storage facility under such terms and
conditions as the commission may prescribe for the purpose of
protecting the storage facility against pollution or escape of
natural gas and is without prejudice to the rights of the owners or
holders of other rights or interests of the land to all other uses
so long as those uses do not interfere with the operation of the
storage facility.
Added by Acts 1979, 66th Leg., p. 1996, ch. 785, § 3, eff. June
13, 1979.
Section: 91.172 91.173 91.174 91.175 91.176 91.177 91.178 91.179 91.180 91.181 91.182 91.183 91.184 91.201 91.202
Last modified: August 10, 2007
|
