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Texas Utilities Code - UTIL § 186.054. Construction and Maintenance of Utility, Common Carrier, Cable Operator, and Energy Transporter Facilities

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A utility, common carrier, cable operator, or energy transporter may acquire an easement by eminent domain along, over, under, or across a railroad or railroad right-of-way as provided by this subchapter to maintain, operate, or upgrade its facilities consistent with preexisting licenses or agreements.

(b) A utility, common carrier, cable operator, or energy transporter:

(1) shall provide notice to the railroad within a reasonable period of any proposed activity relating to the construction, maintenance, or operation of the facilities;  and

(2) may not unreasonably interfere with railroad operations.

(c) Absent terms to the contrary in an easement acquired by condemnation under this subchapter, existing license, or agreement, a railroad may require a utility, common carrier, cable operator, or energy transporter to relocate any portion of a facility that is located in the railroad right-of-way that is not in the public right-of-way if:

(1) a reasonable alternate route is available;

(2) a reasonable amount of time is provided;

(3) substantial interference with the railroad operations is established;  and

(4) the railroad reimburses the utility, common carrier, cable operator, or energy transporter for the reasonable cost of relocation.

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Cite this article: FindLaw.com - Texas Utilities Code - UTIL § 186.054. Construction and Maintenance of Utility, Common Carrier, Cable Operator, and Energy Transporter Facilities - last updated January 01, 2024 | https://codes.findlaw.com/tx/utilities-code/util-sect-186-054/

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