SECTION 326.63. Property Rights

(a) It is the responsibility of an owner or operator to possess or acquire a sufficient interest in or right to the use of the surface estate of the property for which an authorization is issued, including the access route if access is not provided by public right of way. The granting of an authorization neither conveys any property rights or interest in either real or personal property nor authorizes any injury to private property, invasion of personal rights, impairment of previous contract rights, or any infringement of federal, state, or local laws or regulations outside the scope of the authority under which an authorization is issued.

(b) The owner or operator shall retain the right of entry to the facility until the end of the closure activities for inspection and maintenance of the facility.

Source Note: The provisions of this §326.63 adopted to be effective May 26, 2016, 41 TexReg 3697