Text: HF00434 Text: HF00436 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 6B.46A RESTRICTIONS UPON USE OF 1 2 UTILITY EASEMENTS. 1 3 1. This section governs the acquisition of an interest in 1 4 real estate by the state or local government through a 1 5 proceeding brought under this chapter for purposes of 1 6 extending a utility. 1 7 2. The scope of the interest shall be limited to the 1 8 express creation of an appurtenant easement to the extent 1 9 necessary in order to extend the utility over the property of 1 10 the owner. 1 11 3. The dominant estate shall not undergo a change in use. 1 12 The person holding the dominant estate may maintain the 1 13 utility system, but shall not expand the size or capacity of 1 14 the utility. 1 15 4. The owner of the land subject to the proceeding 1 16 creating the easement shall hold a servient estate, and may 1 17 use the property in any manner that does not unreasonably 1 18 interfere with the easement. 1 19 5. The easement shall expire when the utility is no longer 1 20 used for the purpose intended. 1 21 EXPLANATION 1 22 This bill provides for the acquisition of an interest in 1 23 real estate by the state or local government through a 1 24 condemnation proceeding brought under Code chapter 6B for 1 25 purposes of extending infrastructure which is a utility 1 26 system. The bill provides that the scope of the interest must 1 27 be limited to the express creation of an appurtenant easement 1 28 to the extent necessary in order to extend the utility system 1 29 over the property of the owner. 1 30 LSB 2862YH 78 1 31 da/gg/8
Text: HF00434 Text: HF00436 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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