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eBook details

• Title: Texas Building Owners And Managers Association
• Author : Texas Court of Appeals
• Release Date : January 05, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 87 KB

Description

This case concerns the scope of the Public Utility Commission's power to enforce the Building Access Statutes (the "Statutes") of the Public Utility Regulatory Act (PURA). See generally Tex. Util. Code Ann. §§ 54.259-.261 (West 1998). The Statutes require a public or private property owner to give a telecommunications utility access to the property for the purposes of installing a service facility at a tenant's request. Appellants, consisting of property management organizations and trade groups (collectively, "the Building Owners"), sued the Commission in district court, seeking both a declaratory judgment that the Statutes are unconstitutional on their face and a permanent injunction to enjoin the Commission from enforcing the Statutes by way of the Commission's promulgated rules. See 16 Tex. Admin. Code § 26.129 (2003). The district court declared the Statutes facially constitutional and denied the Building Owners' requests for injunctive relief. On appeal, the Building Owners contend in three issues that the district court erred because: (1) the Statutes cause a taking of their property without providing an adequate procedure for determining compensation; (2) the Commission lacks the delegated power to determine compensation; and (3) even if the Commission has that power, it results from an unconstitutional delegation. We will affirm the judgment of the district court.

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