CHAPTER 1. GENERAL PROVISIONS

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VERNON'S CIVIL STATUTES

TITLE 51. ELEEMOSYNARY INSTITUTIONS

CHAPTER 1. GENERAL PROVISIONS

Art. 3183b-1. EMINENT DOMAIN BY CERTAIN NONPROFIT CHARITABLE

CORPORATIONS.

Nonprofit Charitable Corporation Affiliated with Medical Center

having Medical School in County of Over 600,000 Population

Sec. 1. Any nonprofit corporation incorporated under the laws of

this state for purely charitable purposes and which is directly

affiliated or associated with a medical center having a medical

school recognized by the Council on Medical Education and

Hospitals of the American Medical Association as an integral part

of its establishment, and which has for a purpose of its

incorporation the provision or support of medical facilities or

services for the use and benefit of the public, and which is

situated in any county of this state having a population in

excess of six hundred thousand (600,000) inhabitants according to

the most recent Federal Census shall have the power of eminent

domain and condemnation for the purposes set forth in Section 2

and Section 3 of this Act.

Acquisition of Lands Adjacent to Medical Center for Construction,

Maintenance and Operation of Facilities

Sec. 2. Any charitable corporation as defined in Section 1 of

this Act shall have the power of eminent domain and condemnation

for the purpose of acquiring lands adjacent or contiguous

(whether or not separated by public thoroughfares) to such

medical center upon which are to be constructed, maintained, and

operated as a part of the medical center, facilities dedicated to

medical care, teaching, and research for the public welfare,

including ancillary or service activities generally and

customarily recognized as essential to such facilities in a

medical center.

Acquisition of Lands Adjacent to Medical Center for Purpose of

Conveying or Leasing; Use of Lands

Sec. 3. Any charitable corporation as defined in Section 1 of

this Act shall have the power of eminent domain and condemnation

for the purpose of acquiring lands adjacent or contiguous

(whether or not separated by public thoroughfares) to such

medical center for the purpose of conveying or leasing such lands

in the manner set forth in Section 4 of this Act to any nonprofit

corporation, association, foundation or trust for the

construction, maintenance, and operation of facilities to be a

part of the medical center and dedicated to medical care,

teaching, or research for the public welfare, including ancillary

or service activities generally and customarily recognized as

essential to such facilities in a medical center.

Authority and Power to Control Property Acquired; Deeds of

Conveyance or Lease

Sec. 4. Any charitable corporation as defined in Section 1 of

this Act in the exercise of the power of eminent domain conferred

herein shall have full authority and power to control the

property acquired for the purposes authorized herein, and shall

have the authority to convey such property or to lease the same

for a period of ninety-nine (99) years with an option to renew.

Any deed of conveyance or lease as provided in Section 3 of this

Act shall set forth the defeasance or conditions under which the

property is conveyed or leased and the fact that it is dedicated

to medical care, teaching, or research for the public welfare.

Reversion of Title to Original Owner

Sec. 5. It is expressly provided that if any property acquired

under authority of this Act is not used for the purpose of

medical care, teaching, or research or essential ancillary and

service activities, but use for such purposes is abandoned, title

to the property shall revert to the original owner from whom such

property was acquired by condemnation pursuant to this Act, or to

his heirs, devisees, or assigns.

Sec. 6. (a) Except as provided by Subsection (b) of this

section, the power of eminent domain granted by this Act shall be

exercised in accordance with Chapter 21, Property Code.

(b) If a charitable corporation to which this Act applies seeks

to acquire any real property by condemnation or seeks to purchase

any real property that the corporation intends to use in a manner

that would not comply with any deed restriction that applies to

the property immediately before the purchase, before the

charitable corporation initiates condemnation proceedings or

records the deed conveying title to the property the charitable

corporation shall, in addition to providing any other notice

required by law, provide written notice by certified mail to the

owner of record, as recorded in the real property records of the

county, of each unit of real property:

(1) that the charitable corporation seeks to acquire or

purchase; or

(2) that is not more than 200 feet from any boundary of any unit

of real property the charitable corporation seeks to acquire or

purchase.

Acts 1959, 56th Leg., p. 367, ch. 178, eff. Aug. 11, 1959.

Amended by:

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

1, Sec. 6, eff. November 18, 2005.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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