Oncor Electric Delivery Co. v. Dallas Area Rapid Transit

An electric utility sued two regional public transportation authorities, which are governmental entities, to condemn an easement across their land for use in constructing a transmission line approved by the Public Utility Commission (“PUC”). A divided court of appeals upheld the authorities’ assertion of governmental immunity and dismissed the case.1 While the utility’s petition for review was pending in this Court, the Legislature enacted House Bill 971, which extends an electric corporation’s power of eminent domain to include the acquisition of “all public land, except land owned by the…