§ 102243 Public Utility Eminent Domain
This law gives the Public Utilities Commission the power to decide fair payment when a public utility's property is taken, and it protects railroad property unless the commission finds the taking is truly needed and won't hurt the railroad's service.
A city wants to build a new road that would cross tracks owned by a railroad company.
The city (the district) must ask the Public Utilities Commission to hold a hearing. If the commission decides the road is necessary for the public and that taking the tracks won't badly affect the railroad's ability to run safe and efficient trains, it can allow the taking and set the amount the city must pay the railroad.
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§ 102243 Public Utility Eminent Domain
Last verified: January 11, 2026