2005 Texas Government Code CHAPTER 2206. LIMITATIONS ON USE OF EMINENT DOMAIN

GOVERNMENT CODE

CHAPTER 2206. LIMITATIONS ON USE OF EMINENT DOMAIN


	§ 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, § 1, eff. Nov. 18, 
2005.