State Codes and Statutes
Statutes > Texas > Parks-and-wildlife-code > Title-3-parks > Chapter-26-protection-of-public-parks-and-recreational-lands
PARKS AND WILDLIFE CODE
TITLE 3. PARKS
CHAPTER 26. PROTECTION OF PUBLIC PARKS AND RECREATIONAL LANDS
Sec. 26.001. PROTECTED LAND; NOTICE OF TAKING. (a) A
department, agency, political subdivision, county, or
municipality of this state may not approve any program or project
that requires the use or taking of any public land designated and
used prior to the arrangement of the program or project as a
park, recreation area, scientific area, wildlife refuge, or
historic site, unless the department, agency, political
subdivision, county, or municipality, acting through its duly
authorized governing body or officer, determines that:
(1) there is no feasible and prudent alternative to the use or
taking of such land; and
(2) the program or project includes all reasonable planning to
minimize harm to the land, as a park, recreation area, scientific
area, wildlife refuge, or historic site, resulting from the use
or taking.
(b) A finding required by Subsection (a) of this section may be
made only after notice and a hearing as required by this chapter.
(c) The governing body or officer shall consider clearly
enunciated local preferences, and the provisions of this chapter
do not constitute a mandatory prohibition against the use of the
area if the findings are made that justify the approval of a
program or project.
Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, Sec.
2(a), eff. Sept. 1, 1983.
Sec. 26.002. NOTICE OF HEARING. (a) When any program or
project requires notice and a public hearing before approval, the
notice must be given in writing to the person, organization,
department, or agency that has supervision of the land proposed
to be used or taken.
(b) The notice must state clearly the proposed program or
project and the date and place for the public hearing. The notice
must be given at least 30 days before the date for the public
hearing.
(c) Notice must also be given to the public by publishing a
notice similar to that specified in this section once a week for
three consecutive weeks. The last days of publication must not be
less than one week or more than two weeks before the date of the
hearing. The notice must be published in a newspaper of general
circulation, which paper must be published at least six days a
week in the county where the land proposed to be used or taken is
situated.
(d) If there is no newspaper that qualifies under Subsection (c)
of this section, the notice must be published in a qualifying
newspaper that is published in any county adjoining the county
where the land is situated. If there is no qualifying newspaper
published in any adjoining county, then the notice must be
published in a qualifying newspaper published in the nearest
county to the county where the land is situated. If there is no
qualifying daily newspaper published therein, the notice must be
published in any newspaper of general circulation published in
the political subdivision affected. If no newspaper is published
in the political subdivision, the notice must be published in a
newspaper published in the political subdivision nearest the
political subdivision affected.
Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, Sec.
2(a), eff. Sept. 1, 1983.
Sec. 26.003. LIMITATIONS ON JUDICIAL REVIEW. A petition for the
judicial review of the approval or disapproval of a program or
project under this chapter must be filed within 30 days after the
approval or disapproval is announced, or the review is barred.
Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, Sec.
2(a), eff. Sept. 1, 1983.
Sec. 26.004. EXCLUDED LANDS. A department, agency, board, or
political subdivision having control of the public land is not
required to comply with this chapter if:
(1) the land is originally obtained and designated for another
public use and is temporarily used as a park, recreation area, or
wildlife refuge pending its use for the originally designated
purpose;
(2) the program or project that requires the use or taking of
the land being used temporarily as a park, recreation area, or
wildlife refuge is the same program or project for which the land
was originally obtained and designated; and
(3) the land has not been designated by the department, agency,
political subdivision, county, or municipality for use as a park,
recreation area, or wildlife refuge before September 1, 1975.
Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, Sec.
2(a), eff. Sept. 1, 1983.
State Codes and Statutes
Statutes > Texas > Parks-and-wildlife-code > Title-3-parks > Chapter-26-protection-of-public-parks-and-recreational-lands
PARKS AND WILDLIFE CODE
TITLE 3. PARKS
CHAPTER 26. PROTECTION OF PUBLIC PARKS AND RECREATIONAL LANDS
Sec. 26.001. PROTECTED LAND; NOTICE OF TAKING. (a) A
department, agency, political subdivision, county, or
municipality of this state may not approve any program or project
that requires the use or taking of any public land designated and
used prior to the arrangement of the program or project as a
park, recreation area, scientific area, wildlife refuge, or
historic site, unless the department, agency, political
subdivision, county, or municipality, acting through its duly
authorized governing body or officer, determines that:
(1) there is no feasible and prudent alternative to the use or
taking of such land; and
(2) the program or project includes all reasonable planning to
minimize harm to the land, as a park, recreation area, scientific
area, wildlife refuge, or historic site, resulting from the use
or taking.
(b) A finding required by Subsection (a) of this section may be
made only after notice and a hearing as required by this chapter.
(c) The governing body or officer shall consider clearly
enunciated local preferences, and the provisions of this chapter
do not constitute a mandatory prohibition against the use of the
area if the findings are made that justify the approval of a
program or project.
Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, Sec.
2(a), eff. Sept. 1, 1983.
Sec. 26.002. NOTICE OF HEARING. (a) When any program or
project requires notice and a public hearing before approval, the
notice must be given in writing to the person, organization,
department, or agency that has supervision of the land proposed
to be used or taken.
(b) The notice must state clearly the proposed program or
project and the date and place for the public hearing. The notice
must be given at least 30 days before the date for the public
hearing.
(c) Notice must also be given to the public by publishing a
notice similar to that specified in this section once a week for
three consecutive weeks. The last days of publication must not be
less than one week or more than two weeks before the date of the
hearing. The notice must be published in a newspaper of general
circulation, which paper must be published at least six days a
week in the county where the land proposed to be used or taken is
situated.
(d) If there is no newspaper that qualifies under Subsection (c)
of this section, the notice must be published in a qualifying
newspaper that is published in any county adjoining the county
where the land is situated. If there is no qualifying newspaper
published in any adjoining county, then the notice must be
published in a qualifying newspaper published in the nearest
county to the county where the land is situated. If there is no
qualifying daily newspaper published therein, the notice must be
published in any newspaper of general circulation published in
the political subdivision affected. If no newspaper is published
in the political subdivision, the notice must be published in a
newspaper published in the political subdivision nearest the
political subdivision affected.
Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, Sec.
2(a), eff. Sept. 1, 1983.
Sec. 26.003. LIMITATIONS ON JUDICIAL REVIEW. A petition for the
judicial review of the approval or disapproval of a program or
project under this chapter must be filed within 30 days after the
approval or disapproval is announced, or the review is barred.
Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, Sec.
2(a), eff. Sept. 1, 1983.
Sec. 26.004. EXCLUDED LANDS. A department, agency, board, or
political subdivision having control of the public land is not
required to comply with this chapter if:
(1) the land is originally obtained and designated for another
public use and is temporarily used as a park, recreation area, or
wildlife refuge pending its use for the originally designated
purpose;
(2) the program or project that requires the use or taking of
the land being used temporarily as a park, recreation area, or
wildlife refuge is the same program or project for which the land
was originally obtained and designated; and
(3) the land has not been designated by the department, agency,
political subdivision, county, or municipality for use as a park,
recreation area, or wildlife refuge before September 1, 1975.
Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, Sec.
2(a), eff. Sept. 1, 1983.
State Codes and Statutes
Statutes >
Texas >
Parks-and-wildlife-code >
Title-3-parks >
Chapter-26-protection-of-public-parks-and-recreational-lands PARKS AND WILDLIFE CODE
TITLE 3. PARKS
CHAPTER 26. PROTECTION OF PUBLIC PARKS AND RECREATIONAL LANDS
Sec. 26.001. PROTECTED LAND; NOTICE OF TAKING. (a) A
department, agency, political subdivision, county, or
municipality of this state may not approve any program or project
that requires the use or taking of any public land designated and
used prior to the arrangement of the program or project as a
park, recreation area, scientific area, wildlife refuge, or
historic site, unless the department, agency, political
subdivision, county, or municipality, acting through its duly
authorized governing body or officer, determines that:
(1) there is no feasible and prudent alternative to the use or
taking of such land; and
(2) the program or project includes all reasonable planning to
minimize harm to the land, as a park, recreation area, scientific
area, wildlife refuge, or historic site, resulting from the use
or taking.
(b) A finding required by Subsection (a) of this section may be
made only after notice and a hearing as required by this chapter.
(c) The governing body or officer shall consider clearly
enunciated local preferences, and the provisions of this chapter
do not constitute a mandatory prohibition against the use of the
area if the findings are made that justify the approval of a
program or project.
Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, Sec.
2(a), eff. Sept. 1, 1983.
Sec. 26.002. NOTICE OF HEARING. (a) When any program or
project requires notice and a public hearing before approval, the
notice must be given in writing to the person, organization,
department, or agency that has supervision of the land proposed
to be used or taken.
(b) The notice must state clearly the proposed program or
project and the date and place for the public hearing. The notice
must be given at least 30 days before the date for the public
hearing.
(c) Notice must also be given to the public by publishing a
notice similar to that specified in this section once a week for
three consecutive weeks. The last days of publication must not be
less than one week or more than two weeks before the date of the
hearing. The notice must be published in a newspaper of general
circulation, which paper must be published at least six days a
week in the county where the land proposed to be used or taken is
situated.
(d) If there is no newspaper that qualifies under Subsection (c)
of this section, the notice must be published in a qualifying
newspaper that is published in any county adjoining the county
where the land is situated. If there is no qualifying newspaper
published in any adjoining county, then the notice must be
published in a qualifying newspaper published in the nearest
county to the county where the land is situated. If there is no
qualifying daily newspaper published therein, the notice must be
published in any newspaper of general circulation published in
the political subdivision affected. If no newspaper is published
in the political subdivision, the notice must be published in a
newspaper published in the political subdivision nearest the
political subdivision affected.
Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, Sec.
2(a), eff. Sept. 1, 1983.
Sec. 26.003. LIMITATIONS ON JUDICIAL REVIEW. A petition for the
judicial review of the approval or disapproval of a program or
project under this chapter must be filed within 30 days after the
approval or disapproval is announced, or the review is barred.
Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, Sec.
2(a), eff. Sept. 1, 1983.
Sec. 26.004. EXCLUDED LANDS. A department, agency, board, or
political subdivision having control of the public land is not
required to comply with this chapter if:
(1) the land is originally obtained and designated for another
public use and is temporarily used as a park, recreation area, or
wildlife refuge pending its use for the originally designated
purpose;
(2) the program or project that requires the use or taking of
the land being used temporarily as a park, recreation area, or
wildlife refuge is the same program or project for which the land
was originally obtained and designated; and
(3) the land has not been designated by the department, agency,
political subdivision, county, or municipality for use as a park,
recreation area, or wildlife refuge before September 1, 1975.
Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, Sec.
2(a), eff. Sept. 1, 1983.
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