Law:Title 10. General Government. Subtitle E. Government Property from Chapter 2206. Limitations On Use Of Eminent Domain (Texas)

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Subtitle E. Government Property

Chapter 2206. Limitations On Use Of Eminent Domain

Section 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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