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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