Sec. 7502.104. EXCLUSION OF LAND. (a) If the authority has no outstanding bonds, the board may exclude land or other property from the authority under Subchapter J, Chapter 49, Water Code.
(b) The board may require a petitioner for exclusion to:
(1) pay the authority:
(A) the fair market value of submains, lateral lines, surface lines, and emitters located on land disannexed from the authority; and
(B) the actual cost of disconnecting submains, lateral lines, surface lines, and emitters located on land disannexed from the authority; and
(2) provide, without charge, an easement across the excluded land if, in the opinion of the board, the easement is necessary for the authority to continue to serve other property in the authority effectively and efficiently.
(c) For purposes of Subsection (b), the fair market value must be determined by an independent appraisal unless the fair market value is mutually agreed on.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.05, eff. April 1, 2007.
Structure Texas Statutes
Special District Local Laws Code
Title 6 - Water and Wastewater
Subtitle D - Irrigation Districts
Chapter 7502 - Lake Proctor Irrigation Authority of Comanche County, Texas
Subchapter C. Powers and Duties
Section 7502.101. General Rights, Powers, Privileges, Functions, and Duties
Section 7502.102. General Powers of Board
Section 7502.103. Award of Certain Contracts