81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85 Page: 34 of 126
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re the second anniversary of tne date T e ffhe i J -na ..j..
mos recent application (V.A.C.S. Arts. 6538, 6539.)
si ec. 131.016. TIME REQUIRED FOR CONSTRUCTION. The rights
--A_ ~ 4--..-- - ______-_____ _____
S.B. No. 1540
use' and benefit easements and right-of-way to operate interurban
cars along and on the track of an electric street railway company
owning, controlling, or operating track on any public street or
alley in a municipality for a purpose described by Subsection (b),
subject to the consent, authority, and control of the governing
body of the municipality.
(b) Condemnation under Subsection (a) may be used only to
secure an entrance into and an outlet from a municipality on a route
designated by the governing body of the municipality.
i : (c). In a proceeding to condemn an easement or right-of-way
under ':this section, the court or the jury trying the case shall
define and es ablish the terms on which the easement or
ri ght of-way may be used.
('A) A court rendering a judgment in a proceeding under this
section may review and reform the terms of a grant and the
provisions of the judgment on a subsequent application by a party to
th.riginal proceeding or a person claiming through or under a
party to the original proceeding.
' (e) The hearing on an application brought under Subsection
(d) s in the nature of a retrial of the proceeding with respect to
therterms on which the easement may be used except that the court
Smay:lnot declare the easement forfeited or impair the exercise of the
4 i f) An application under Subsection (d) may not be made
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Texas. Legislature. Senate. 81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85, legislative document, May 20, 2009; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth310917/m1/34/: accessed May 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.