CHAPTER 251. MUNICIPAL RIGHT OF EMINENT DOMAIN - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY

SUBTITLE A. MUNICIPAL ACQUISITION, SALE, OR LEASE OF PROPERTY

CHAPTER 251. MUNICIPAL RIGHT OF EMINENT DOMAIN

Sec. 251.001. RIGHT OF EMINENT DOMAIN. (a) When the governing

body of a municipality considers it necessary, the municipality

may exercise the right of eminent domain for a public purpose to

acquire public or private property, whether located inside or

outside the municipality, for any of the following purposes:

(1) the providing, enlarging, or improving of a city hall;

police station; jail or other law enforcement detention facility;

fire station; library; school or other educational facility;

academy; auditorium; hospital; sanatorium; market house;

slaughterhouse; warehouse; elevator; railroad terminal; airport;

ferry; ferry landing; pier; wharf; dock or other shipping

facility; loading or unloading facility; alley, street, or other

roadway; park, playground, or other recreational facility;

square; water works system, including reservoirs, other water

supply sources, watersheds, and water storage, drainage,

treatment, distribution, transmission, and emptying facilities;

sewage system including sewage collection, drainage, treatment,

disposal, and emptying facilities; electric or gas power system;

cemetery; and crematory;

(2) the determining of riparian rights relative to the municipal

water works;

(3) the straightening or improving of the channel of any stream,

branch, or drain;

(4) the straightening, widening, or extending of any alley,

street, or other roadway; and

(5) for any other municipal purpose the governing body considers

advisable.

(b) A municipality condemning land under this section may take a

fee simple title to the property if the governing body expresses

the intention to do so.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 251.002. PROCEDURE. An exercise of the power of eminent

domain granted by this chapter is governed by Chapter 21 of the

Property Code.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.