TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Get off my land!
Go
New
Find
Notify
Tools
Reply
  
Get off my land! Login/Join 
Member
posted
Fact situation:
Suspect refuses to allow non-profit water supply corporation to enter his property to repair water line.

Officer finds Rev. Civ. Stat. Art.1446a "Disruption of gas, electric or water service by picketing, threats, or intimidation."

My first alarm bell, it's the Rev. Civ. Stat.

My second alarm bell, it's not in the exhaustive Texas Crimes (c) TDCAA.

My third alarm bell, half the sections are repealed.

Is this still valid law?
 
Posts: 27 | Location: Georgetown, Texas | Registered: March 13, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Unless I'm missing something, all I see in the current text of 1446a are penalties for sabotage and conspiracy. The title of the article is indeed still "Disruption of gas, electric or water service by picketing, threats or intimidation," but you can't charge someone with a title. Tell 'em to settle it either by talking like nice people or through civil processes.
 
Posts: 41 | Location: 47th District | Registered: June 04, 2004Reply With QuoteReport This Post
Member
posted Hide Post
It seems to me that this is a civil, rather than criminal, matter. The rights of the pipeline operator should be spelled out in their easement. Refer the land owner to a private lawyer for an opinion. I have a feeling he will be told that he has to allow the pipeline operator reasonable access to the land. He may also be entitled to damages for any disruption of his use of the dominant estate.
 
Posts: 188 | Location: Lubbock, Texas USA | Registered: October 04, 2002Reply With QuoteReport This Post
Member
posted Hide Post
The water supply company has a right of access and will no likely be heading to district court for an injunction.
 
Posts: 171 | Location: Belton, Texas, USA | Registered: April 26, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Get off my land!

© TDCAA, 2001. All Rights Reserved.