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
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.