Answer
Sep 17, 2017 - 12:47 PM
I can't speak to whether this is permissible in Texas or not- just not familiar with Texas eminent domain law. I have dealt with this in other states as an expert witness. In some states, wireless carriers will use the claim of public safety to try to threaten the taking of property under a tower. However, in this situation, it appears that the City directly is the lessee and I assume they have public safety equipment on the tower. This may make the claim of public purpose for the taking easier.
I can also say definitively that some entities will make the threat of condemnation to procure more favorable lease terms even if there is no probability that a court would actually uphold the taking.
I can also say definitively that some entities will make the threat of condemnation to procure more favorable lease terms even if there is no probability that a court would actually uphold the taking.
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