Marcus Cable Associates, L.P. v. Krohn

PHILLIPS, Justice ENOCH, Justice OWEN, Justice HANKINSON, Justice JEFFERSON, Justice RODRIGUEZ, and Justice SCHNEIDER joined.

In this case, we must decide whether an easement that permits its holder to use private property for the purpose of constructing and maintaining “an electric transmission or distribution line or system” allows the easement to be used for cable-television lines. We hold that it does not. We further hold that section 181.102 of the Texas Utilities Code, which grants cable companies the right to install lines on a “utility easement,” does not apply to private easements…