Tex. Local Gov't Code Section 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.

Source: Section 552.102 — Eminent Domain by Municipal Sewer Providers, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­552.­htm#552.­102 (accessed Jun. 5, 2024).

552.001
Municipal Utility Systems 552.002
Certain Public Services and Utility Systems in Home-rule Municipality 552.003
Acquisition of Existing Public Utility 552.011
Use of Eminent Domain Power 552.012
Municipalities in or Contracting with a Water District 552.014
Contracts with Water Districts or Nonprofit Corporations 552.015
Water Supply in Type a General-law Municipality 552.016
Sale or Lease of Water System by Type a General-law Municipality 552.017
Water Systems in Home-rule Municipalities 552.018
Municipal Contract with Private Entity 552.019
Contract with Water Improvement District or Water Control and Improvement District 552.020
Contract with Water District 552.022
Contracts with Certain Special Districts 552.023
Contract Between Municipality and Trinity River Authority 552.024
Municipal Contract for Reclaimed Water Facility in Certain Municipalities 552.0025
Connection, Disconnection, and Liability for Municipal Utility Services 552.041
Short Title 552.042
Legislative Finding 552.043
Application of Subchapter to Municipalities 552.044
Definitions 552.045
Adoption of System 552.046
Incorporation of Existing Facilities 552.047
Drainage Charges 552.048
Billings 552.049
Segregation of Income 552.050
Delinquent Charges 552.051
Drainage Revenue Bonds 552.052
Discontinuation of Drainage System 552.053
Exemptions 552.054
Effect of Subchapter 552.061
Application of Subchapter to Certain Municipalities 552.062
Definitions 552.063
Municipal Authority 552.064
Declaration 552.065
Assessment Provisions 552.066
Apportionment of Assessments 552.067
Notice of Proposed Improvements 552.068
Exemptions 552.069
Notice and Hearing Requirements 552.070
Change 552.071
Corrections 552.072
Joint Proceedings 552.073
Restrictions in Certain Counties 552.074
Authorized Investment 552.075
Home-rule Municipality 552.091
Application of Subchapter to Certain Municipalities 552.092
Construction of Sanitary Sewers 552.101
Municipal Water Contracts 552.102
Eminent Domain by Municipal Sewer Providers 552.103
Rights of Water Corporation Providing Service to Municipality 552.104
Location of Water Lines Outside Municipal Boundaries 552.105
Relocation of Water Line to Allow Change to Traffic Lane 552.121
Applicability of Subchapter 552.122
Transfer of Management and Control of Electric Utility System 552.123
Authority of Board of Trustees 552.124
Effect of Previously Issued Bonds 552.141
Applicability of Subchapter 552.142
Transfer of Management and Control of Utility System 552.0205
Revenue Bonds to Pay for District Services Under Contract 552.0451
Extension of Service Area by Certain Municipalities 552.901
Relocation or Replacement of Water or Sewer Laterals 552.902
Operation of Certain Electric Light and Power Systems by Home-rule Municipalities 552.903
Agreement with Conservation and Reclamation District 552.904
Lease of Natural Gas Distribution System by Certain Municipalities 552.905
Operation of Cable Tv Systems by General-law Municipalities 552.906
Municipal Utility Plants 552.907
Construction of Water or Wastewater Improvements to Preserve Water Quality Aquifer 552.909
Prohibited Employment of or Contracting with Former Trustee or Board Member 552.910
Agreements with Other Political Subdivisions for Collection of Past Due Utility or Solid Waste Disposal Service Fees 552.911
Duties of Water Service Provider to an Area Served by Sewer Service of Certain Political Subdivisions 552.912
Certain Damages Caused by Sewage Backup 552.913
Combined Heating and Power Systems in Certain Municipalities 552.914
Utility Contracts for Certain Municipalities 552.915
Records of Municipally Owned Electric Utility Providing Broadband Services
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Accessed:
Jun. 5, 2024

§ 552.102’s source at texas​.gov