State Codes and Statutes

Statutes > Texas > Government-code > Title-10-general-government > Chapter-2206-limitations-on-use-of-eminent-domain

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE E. GOVERNMENT PROPERTY

CHAPTER 2206. LIMITATIONS ON USE OF EMINENT DOMAIN

Sec. 2206.001. LIMITATION ON EMINENT DOMAIN FOR PRIVATE PARTIES

OR ECONOMIC DEVELOPMENT PURPOSES. (a) This section applies to

the use of eminent domain under the laws of this state, including

a local or special law, by any governmental or private entity,

including:

(1) a state agency, including an institution of higher education

as defined by Section 61.003, Education Code;

(2) a political subdivision of this state; or

(3) a corporation created by a governmental entity to act on

behalf of the entity.

(b) A governmental or private entity may not take private

property through the use of eminent domain if the taking:

(1) confers a private benefit on a particular private party

through the use of the property;

(2) is for a public use that is merely a pretext to confer a

private benefit on a particular private party; or

(3) is for economic development purposes, unless the economic

development is a secondary purpose resulting from municipal

community development or municipal urban renewal activities to

eliminate an existing affirmative harm on society from slum or

blighted areas under:

(A) Chapter 373 or 374, Local Government Code, other than an

activity described by Section 373.002(b)(5), Local Government

Code; or

(B) Section 311.005(a)(1)(I), Tax Code.

(c) This section does not affect the authority of an entity

authorized by law to take private property through the use of

eminent domain for:

(1) transportation projects, including, but not limited to,

railroads, airports, or public roads or highways;

(2) entities authorized under Section 59, Article XVI, Texas

Constitution, including:

(A) port authorities;

(B) navigation districts; and

(C) any other conservation or reclamation districts that act as

ports;

(3) water supply, wastewater, flood control, and drainage

projects;

(4) public buildings, hospitals, and parks;

(5) the provision of utility services;

(6) a sports and community venue project approved by voters at

an election held on or before December 1, 2005, under Chapter 334

or 335, Local Government Code;

(7) the operations of:

(A) a common carrier subject to Chapter 111, Natural Resources

Code, and Section B(3)(b), Article 2.01, Texas Business

Corporation Act; or

(B) an energy transporter, as that term is defined by Section

186.051, Utilities Code;

(8) a purpose authorized by Chapter 181, Utilities Code;

(9) underground storage operations subject to Chapter 91,

Natural Resources Code;

(10) a waste disposal project; or

(11) a library, museum, or related facility and any

infrastructure related to the facility.

(d) This section does not affect the authority of a governmental

entity to condemn a leasehold estate on property owned by the

governmental entity.

(e) The determination by the governmental or private entity

proposing to take the property that the taking does not involve

an act or circumstance prohibited by Subsection (b) does not

create a presumption with respect to whether the taking involves

that act or circumstance.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

1, Sec. 1, eff. November 18, 2005.

State Codes and Statutes

Statutes > Texas > Government-code > Title-10-general-government > Chapter-2206-limitations-on-use-of-eminent-domain

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE E. GOVERNMENT PROPERTY

CHAPTER 2206. LIMITATIONS ON USE OF EMINENT DOMAIN

Sec. 2206.001. LIMITATION ON EMINENT DOMAIN FOR PRIVATE PARTIES

OR ECONOMIC DEVELOPMENT PURPOSES. (a) This section applies to

the use of eminent domain under the laws of this state, including

a local or special law, by any governmental or private entity,

including:

(1) a state agency, including an institution of higher education

as defined by Section 61.003, Education Code;

(2) a political subdivision of this state; or

(3) a corporation created by a governmental entity to act on

behalf of the entity.

(b) A governmental or private entity may not take private

property through the use of eminent domain if the taking:

(1) confers a private benefit on a particular private party

through the use of the property;

(2) is for a public use that is merely a pretext to confer a

private benefit on a particular private party; or

(3) is for economic development purposes, unless the economic

development is a secondary purpose resulting from municipal

community development or municipal urban renewal activities to

eliminate an existing affirmative harm on society from slum or

blighted areas under:

(A) Chapter 373 or 374, Local Government Code, other than an

activity described by Section 373.002(b)(5), Local Government

Code; or

(B) Section 311.005(a)(1)(I), Tax Code.

(c) This section does not affect the authority of an entity

authorized by law to take private property through the use of

eminent domain for:

(1) transportation projects, including, but not limited to,

railroads, airports, or public roads or highways;

(2) entities authorized under Section 59, Article XVI, Texas

Constitution, including:

(A) port authorities;

(B) navigation districts; and

(C) any other conservation or reclamation districts that act as

ports;

(3) water supply, wastewater, flood control, and drainage

projects;

(4) public buildings, hospitals, and parks;

(5) the provision of utility services;

(6) a sports and community venue project approved by voters at

an election held on or before December 1, 2005, under Chapter 334

or 335, Local Government Code;

(7) the operations of:

(A) a common carrier subject to Chapter 111, Natural Resources

Code, and Section B(3)(b), Article 2.01, Texas Business

Corporation Act; or

(B) an energy transporter, as that term is defined by Section

186.051, Utilities Code;

(8) a purpose authorized by Chapter 181, Utilities Code;

(9) underground storage operations subject to Chapter 91,

Natural Resources Code;

(10) a waste disposal project; or

(11) a library, museum, or related facility and any

infrastructure related to the facility.

(d) This section does not affect the authority of a governmental

entity to condemn a leasehold estate on property owned by the

governmental entity.

(e) The determination by the governmental or private entity

proposing to take the property that the taking does not involve

an act or circumstance prohibited by Subsection (b) does not

create a presumption with respect to whether the taking involves

that act or circumstance.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

1, Sec. 1, eff. November 18, 2005.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Government-code > Title-10-general-government > Chapter-2206-limitations-on-use-of-eminent-domain

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE E. GOVERNMENT PROPERTY

CHAPTER 2206. LIMITATIONS ON USE OF EMINENT DOMAIN

Sec. 2206.001. LIMITATION ON EMINENT DOMAIN FOR PRIVATE PARTIES

OR ECONOMIC DEVELOPMENT PURPOSES. (a) This section applies to

the use of eminent domain under the laws of this state, including

a local or special law, by any governmental or private entity,

including:

(1) a state agency, including an institution of higher education

as defined by Section 61.003, Education Code;

(2) a political subdivision of this state; or

(3) a corporation created by a governmental entity to act on

behalf of the entity.

(b) A governmental or private entity may not take private

property through the use of eminent domain if the taking:

(1) confers a private benefit on a particular private party

through the use of the property;

(2) is for a public use that is merely a pretext to confer a

private benefit on a particular private party; or

(3) is for economic development purposes, unless the economic

development is a secondary purpose resulting from municipal

community development or municipal urban renewal activities to

eliminate an existing affirmative harm on society from slum or

blighted areas under:

(A) Chapter 373 or 374, Local Government Code, other than an

activity described by Section 373.002(b)(5), Local Government

Code; or

(B) Section 311.005(a)(1)(I), Tax Code.

(c) This section does not affect the authority of an entity

authorized by law to take private property through the use of

eminent domain for:

(1) transportation projects, including, but not limited to,

railroads, airports, or public roads or highways;

(2) entities authorized under Section 59, Article XVI, Texas

Constitution, including:

(A) port authorities;

(B) navigation districts; and

(C) any other conservation or reclamation districts that act as

ports;

(3) water supply, wastewater, flood control, and drainage

projects;

(4) public buildings, hospitals, and parks;

(5) the provision of utility services;

(6) a sports and community venue project approved by voters at

an election held on or before December 1, 2005, under Chapter 334

or 335, Local Government Code;

(7) the operations of:

(A) a common carrier subject to Chapter 111, Natural Resources

Code, and Section B(3)(b), Article 2.01, Texas Business

Corporation Act; or

(B) an energy transporter, as that term is defined by Section

186.051, Utilities Code;

(8) a purpose authorized by Chapter 181, Utilities Code;

(9) underground storage operations subject to Chapter 91,

Natural Resources Code;

(10) a waste disposal project; or

(11) a library, museum, or related facility and any

infrastructure related to the facility.

(d) This section does not affect the authority of a governmental

entity to condemn a leasehold estate on property owned by the

governmental entity.

(e) The determination by the governmental or private entity

proposing to take the property that the taking does not involve

an act or circumstance prohibited by Subsection (b) does not

create a presumption with respect to whether the taking involves

that act or circumstance.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

1, Sec. 1, eff. November 18, 2005.


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