Texas Natural Resources Code - Section 91.180. Institution Of Condemnation Proceedings
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§ 91.180. INSTITUTION OF CONDEMNATION PROCEEDINGS. (a)
The finding by the commission that underground storage is in the
public interest is binding on all persons whose property the storer
has the right to condemn. After that finding of the commission, the
storer has the right to condemn all of the underground storage area
and any surface area required for the use and enjoyment of the
storage facility.
(b) The storer shall initiate eminent domain proceedings in
the court having jurisdiction in the area in which a portion of the
land is situated. The petition shall set forth the purpose for
which the property is sought to be acquired, a description of the
sand, stratum, or formation and of the land under which it is
alleged to be contained, the names of the owners as shown by the
deed records of the county, and a description of all other property
and rights sought to be appropriated for use in connection with the
storage facility, including any parts of the surface necessary for
any facilities incidental to the operation of the storage facility.
(c) The petition shall state facts showing that the storer
has obtained the findings of the commission required by Section
91.174 of this code, that the storer in good faith has been unable
to acquire the rights sought to be appropriated, that the storer has
acquired, prior to the filing of the petition, by any means other
than condemnation, at least 66-2/3 percent of the ownership of the
minerals, including working interests, and 66-2/3 percent of the
royalty interests of the property rights in the storage facility
required for that purpose, and shall describe the surface area
overlying the storage facility the storer seeks to acquire and the
names of the owners of those rights and interests.
(d) Where more than one tract of land is involved, all or any
tracts may be joined in one proceeding, without prejudice to the
right of the storer to institute additional proceedings; provided,
that the failure to make service upon a defendant does not affect
the right of the storer to proceed against any or all other of the
defendants upon whom service has been made.
Added by Acts 1979, 66th Leg., p. 1996, ch. 785, § 3, eff. June
13, 1979.
Section: 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 91.203
Last modified: August 10, 2007
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