2005 Texas Local Government Code CHAPTER 251. MUNICIPAL RIGHT OF EMINENT DOMAIN

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


	§ 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, § 1, eff. Sept. 1, 1987.                    


	§ 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, § 1, eff. Sept. 1, 1987.