Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Local Government Code § 552.102: EMINENT DOMAIN BY MUNICIPAL SEWER PROVIDERS.

(a) A corporation incorporated in this state for the purpose of owning, constructing, or maintaining a sewer system in a municipality may by eminent domain condemn private property to:
(1) construct and maintain sewer pipes, mains and laterals, and connections; and
(2) maintain vats, filtration pipes, and other pipes for the final disposition of sewage.
(b) A corporation may exercise a power described by Subsection (a) only if:
(1) the use of private property is necessary for the successful operation of the sewer system; and
(2) the sewer system is beneficial to the public use, health, or convenience.
(c) The power of eminent domain may not be used under this section in the boundaries of a municipality unless permitted or required by the municipality granting a franchise to the corporation seeking the right of condemnation.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 3, eff. Sept. 1, 1997.
Renumbered from Local Government Code, Section 402.102 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.

Where this section sits in the code

LOCAL GOVERNMENT CODE
TITLE 13. WATER AND UTILITIES
SUBTITLE A. MUNICIPAL WATER AND UTILITIES
CHAPTER 552. MUNICIPAL UTILITIES
SUBCHAPTER F. MUNICIPAL WATER CORPORATIONS AND MUNICIPAL WATER SYSTEMS

(a) A corporation incorporated in this state for the purpose of owning, constructing, or maintaining a sewer system in a municipality may by eminent domain condemn private property to:

(1) construct and maintain sewer pipes, mains and laterals, and connections; and

(2) maintain vats, filtration pipes, and other pipes for the final disposition of sewage.

(b) A corporation may exercise a power described by Subsection (a) only if:

(1) the use of private property is necessary for the successful operation of the sewer system; and

(2) the sewer system is beneficial to the public use, health, or convenience.

(c) The power of eminent domain may not be used under this section in the boundaries of a municipality unless permitted or required by the municipality granting a franchise to the corporation seeking the right of condemnation.

Added by Acts 1997, 75th Leg., ch. 166, Sec. 3, eff. Sept. 1, 1997.

Renumbered from Local Government Code, Section 402.102 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.

Collected 2026-08-27T01:47:27Z. Source file · JSON

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