Texas Transportation Code - Section 91.093. Right Of Entry
Legal Research Home >
Texas Lawyer > Transportation Code > Texas Transportation Code - Section 91.093. Right Of Entry
§ 91.093. RIGHT OF ENTRY. (a) To acquire property
necessary or convenient for a rail facility, the department may
enter any premises or real property, including a body of water, to
make a survey, geotechnical evaluation, sounding, or examination.
(b) An entry under Subsection (a) or (d) is not:
(1) a trespass; or
(2) an entry under a pending condemnation procedure.
(c) The department shall make reimbursements for actual
damages that result from an entry under Subsection (a) or (d).
(d) To ensure the safety and convenience of the public, the
department shall, when entering any real property, water, or
premises on which is located a public utility facility:
(1) comply with applicable industry standard safety
codes and practices; and
(2) notwithstanding Subsection (a), give the owner or
operator of the public utility facility not less than 10 days'
notice before entering the real property, water, or premises.
Added by Acts 2003, 78th Leg., ch. 1325, § 4.01, eff. June 21,
2003.
Section: 91.071 91.072 91.073 91.074 91.075 91.091 91.092 91.093 91.094 91.095 91.101 91.102 91.103 91.104 91.105
Last modified: August 10, 2007
|
