CHAPTER 273. ACQUISITION OF PROPERTY FOR PUBLIC PURPOSES BY MUNICIPALITIES, COUNTIES, AND OTHER LOCAL GOVERNMENTS

LOCAL GOVERNMENT CODE

TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY

SUBTITLE C. ACQUISITION, SALE, OR LEASE PROVISIONS APPLYING TO

MORE THAN ONE TYPE OF LOCAL GOVERNMENT

CHAPTER 273. ACQUISITION OF PROPERTY FOR PUBLIC PURPOSES BY

MUNICIPALITIES, COUNTIES, AND OTHER LOCAL GOVERNMENTS

Sec. 273.001. ACQUISITION OF PROPERTY; EXERCISE OF POLICE POWER.

(a) A municipality may, in accordance with this chapter,

acquire property separately or jointly with another municipality

or other governmental entity by gift, dedication, or purchase,

with or without condemnation.

(b) The property must be located within the county where the

municipality or other governmental entity is located. The

property may be located inside or outside the corporate limits of

the municipality.

(c) The property must be used for the following public purposes:

(1) parks and playgrounds;

(2) hospitals;

(3) the extension, improvement, and enlargement of its water

system, including riparian rights, water supply reservoirs,

standpipes, watersheds, and dams;

(4) the laying, building, maintenance, and construction of water

mains;

(5) the laying, erection, establishment, and maintenance of

necessary appurtenances or facilities that will furnish to the

inhabitants of the municipality an abundant supply of wholesome

water;

(6) sewage plants and systems;

(7) rights of way for water and sewer lines;

(8) airports and landing fields;

(9) incinerators and garbage disposal plants;

(10) streets, boulevards, alleys, or other public ways; or

(11) a right of way needed in connection with property used for

any of these purposes.

(d) The municipality may exercise police power within an area

acquired under this section.

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

Sec. 273.002. CONDEMNATION. Condemnation of property under this

chapter shall be in accordance with state law relating to eminent

domain, which may be Chapter 21, Property Code, or any other

state law governing and relating to the condemnation of land for

public purposes by a municipality.

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

Sec. 273.003. NECESSARY ALTERATIONS. (a) If, in acting under

this chapter, it is necessary for a municipality or other

governmental entity to exercise the power of eminent domain, a

police power, or any other power in order to make an alteration,

including relocating, raising, lowering, rerouting, changing the

grade, or altering the construction of a railroad, electric

transmission, telegraph or telephone line, conduit, pole,

property or facility, or pipeline outside the corporate limits of

municipalities, the alteration shall be made at the sole expense

of the municipality or other governmental entity.

(b) In this section, "sole expense" means the actual cost of an

alteration made under Subsection (a) and of the provision of a

comparable replacement without enhancement of the facility, after

deducting the net salvage value derived from the old facility.

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

Sec. 273.004. CONTROL BY A MUNICIPALITY WITHIN ITS CORPORATE

LIMITS. This chapter does not affect the existing lawful rights

of a municipality to control the streets, alleys, public ways,

and other public grounds within its corporate limits.

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

Sec. 273.005. MAINTENANCE, IMPROVEMENT, AND OPERATION OF

PROPERTY. (a) A municipality, or a municipality and another

governmental entity, that acquires property under this chapter

may maintain, improve, operate, sell, and lease the property, and

the improvements on the property.

(b) If the property is owned by two or more governmental

entities, the entities may jointly manage, control, and operate

the property by entering into a mutually agreeable contract.

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

Sec. 273.006. WARRANTS AND BONDS. The governing body of a

municipality or the commissioners court of a county for the

purpose of purchasing or condemning property under this chapter,

and improving or equipping the property, may issue negotiable

warrants and bonds of the municipality or of the county and levy

taxes to provide for the interest and sinking funds of the

warrants and bonds.

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

Sec. 273.007. USE; CHARGE FOR USE. (a) A municipality or other

governmental entity acquiring property or making improvements to

property under this chapter may make and enforce rules governing

the use of the property and improvements as the municipality or

other governmental entity may determine by ordinance.

(b) A municipality acquiring property or making improvements to

property under this chapter may fix a reasonable charge for the

use of the property or improvements as determined by the

governing body of the municipality. If the property has been

jointly acquired, the charge may be fixed by mutual agreement of

the governing body of the municipality and other governmental

entity.

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

Sec. 273.008. SPECIAL TAX. (a) The governing body of a

municipality and the commissioners court of a county may levy and

collect a special tax for the purpose of improving, operating,

maintaining, and conducting the property the municipality or

county acquires under this chapter and for providing all suitable

structures and facilities on that property.

(b) This special tax is in addition to and exclusive of a tax

that may be levied for the interest and sinking fund of a bond

issued under this chapter.

(c) A municipality acquiring property under this section may

contract and expend its public funds in the joint or several

operation and maintenance of a municipal function authorized by

this chapter.

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

Sec. 273.009. CUMULATIVE OF MUNICIPAL CHARTER PROVISIONS. This

chapter is cumulative of municipal charter provisions relating to

the same subject.

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