Texas Statutes Granting, Prohibiting, or Restricting the Power of Eminent Domain

Transcription

1 TLC RESEARCH DIVISION FACTS AT A GLANCE Texas Statutes Granting, Prohibiting, or Restricting the Power of Eminent Domain Texas Legislative Council March 2006

2

3 Texas Statutes Granting, Prohibiting, or Restricting the Power of Eminent Domain Prepared by Amy M. Young for State Representative William A. Bill Callegari Published by the Texas Legislative Council P.O. Box Austin, Texas Lieutenant Governor David Dewhurst, Joint Chair Speaker Tom Craddick, Joint Chair Milton Rister, Executive Director March 2006

4 The mission of the Texas Legislative Council is to provide professional, nonpartisan service and support to the Texas Legislature and legislative agencies. In every area of responsibility, we strive for quality and effi ciency. Copies of this publication have been distributed in compliance with the state depository law (Subchapter G, Chapter 441, Government Code) and are available for public use through the Texas State Publications Depository Program at the Texas State Library and other state depository libraries. An online version of this publication can be found at Additional copies of this publication may be obtained from House Document Distribution: In person: Room B.324, Robert E. Johnson, Sr., Legislative Office Building 1501 N. Congress Avenue By mail: P.O. Box 12128, Austin, TX By phone: (512) By fax: (512) By online request form (legislative offices only): ii

5 Table of Contents Introduction... 1 Figure 1: Types of Entities Granted the Power of Eminent Domain... 3 Table 1: Statutes Granting the Power of Eminent Domain... 7 Table 2: Statutes Prohibiting or Restricting an Entity s Exercise of Eminent Domain Power iii

6

7 Introduction This publication provides a list of the types of Texas entities that have the power of eminent domain and provides two tables relating to the statutes that grant, prohibit, or restrict an entity s exercise of the power of eminent domain. Table 1 lists each statute that confers the power of eminent domain and the entities on which the power is conferred. Where an entity has been created for a specific purpose, the reason for it to have the power of eminent domain may be inferred, but since a political subdivision, such as a municipality, or a governmental body, such as a county commissioners court, is granted the power of eminent domain by a number of statutes, the table includes the specific purpose for which each statute grants the power. There are approximately 200 statutory references to authorizing an entity to exercise the power of eminent domain. Some of the statutes in Table 1, while generally permissive, confer this authorization for a specific purpose, applicable to certain geographical areas or subject to certain conditions. Table 2 lists statutes that prohibit the exercise of eminent domain by certain entities outright or explicitly prohibit its exercise in certain areas or against certain properties or property of certain owners. The legislature has created numerous special districts whose statutory authority exists only in the session laws. These special district local laws will be located and codified over the next several years through the Texas Legislative Council s ongoing statutory revision project. We cannot, at present, determine which of these particular entities have or are denied the power of eminent domain. Chapter 21, Property Code, outlines the procedure for exercising the power of eminent domain, including determining the value of a property. 1

8

9 Figure 1 Types of Entities Granted the Power of Eminent Domain

10

11 Figure 1. Types of Entities Granted the Power of Eminent Domain Agricultural development district Association (various) Athletic stadium authority (created by two or more independent school districts) Board of navigation and canal commissioners Cable operator Cemetery organization Civic center authority College system Commission Common carrier Community improvement district Conservation district Coordinated county transportation authority Corporate body of the state Corporation (various) County County board of education County building authority County commissioners court County development district County economic development district County hospital authority County jail district County operating board County solid waste management district County utility system board Economic development district Electric cooperative Electric corporation Energy transporter Entity engaged in authorized generation, transmission, or distribution of electric energy for sale to the public Gas corporation Health facilities development corporation Home-rule municipality Hospital board Hospital district Housing authority Independent school district Industrial development corporation Intermunicipal commuter rail district Interurban electric railway corporation Municipal hospital authority Municipal management district Municipal parking authority Municipal sewer provider Municipal utility district Municipality Navigation and canal commission Navigation district Nonprofit charitable corporation Park and recreation district Park board Political subdivision Port authority Public facility corporation Public health authority Railroad company Railroad corporation Rapid transit authority Redevelopment authority Regional mobility authority Regional tollway authority Regional transportation authority River authority Rural transportation district Solid waste management district Special-law municipality Special utility district Sports and community venue district Sports facility district State State agency State agency board Telegraph cooperative Telegraph corporation Telephone cooperative Telephone corporation Texas National Laboratory Commission Texas Public Finance Authority Union depot corporation University University system Utility Water authority Water control and improvement district Water control and preservation district Water import district Water improvement district Water supply corporation Well wastewater corporation 5

12

13 Table 1 Statutes Granting the Power of Eminent Domain

14

15 Table 1. Statutes Granting the Power of Eminent Domain Statute Section , Agriculture Code Section , Agriculture Code Entity Agricultural development districts County commissioners court (for tick eradication dipping facilities) Article 7849, Auxiliary Water Laws Article 7850, Auxiliary Water Laws Water control and preservation districts Water control and preservation districts 9 Section , Education Code Section , Education Code Section 65.33, Education Code Section 85.28, Education Code Section 85.32, Education Code Section 95.30, Education Code Section 95.31, Education Code Section 96.62, Education Code Section , Education Code Section , Education Code Section , Education Code Section , Education Code Section , Education Code Section , Education Code Section , Education Code Section , Education Code Independent school districts Independent school district - athletic stadium authority The University of Texas System board of regents The Texas A&M University System board of regents The Texas A&M University System board of regents Texas State University System board of regents Texas State University System board of regents Texas State University System board of regents Midwestern State University board of regents University of North Texas System board of regents University of North Texas System board of regents Texas Southern University board of regents Texas Woman s University board of regents Texas Tech University System board of regents The University of Houston System board of regents Texas State Technical College System board of regents

16 Statute Entity 10 Section , Government Code Section , Government Code Section , Government Code Section , Government Code Section , Government Code Section , Government Code Section , Government Code Sections and , Government Code Section , Government Code Section , Government Code Section , Government Code Section , Government Code Texas National Research Laboratory Commission Texas Board of Criminal Justice Texas Public Finance Authority County (for county water improvements) County (for navigation project right-of-way) County (for intracoastal canal purposes) County (for water supply projects) County (for natural gas systems in certain counties) Home-rule municipality (for parking garage or facility) State attorney general or district or county attorney Texas Building and Procurement Commission Texas Building and Procurement Commission Section , Health and Safety Code Municipal hospital authority Section , Health and Safety Code County commissioners court (for county hospital) Section , Health and Safety Code County hospital authority Section , Health and Safety Code Joint municipality and county hospital board Section , Health and Safety Code Hospital districts in counties of at least 190,000 Section , Health and Safety Code Hospital districts in counties of 75,000 or less Section , Health and Safety Code Hospital districts under Optional Hospital District Law of 1957 Section , Health and Safety Code Hospital districts created on petition and voter approval Section , Health and Safety Code County (for solid waste disposal system) Section , Health and Safety Code Attorney General (on behalf of Texas Commission on Environmental Quality) Section , Health and Safety Code Cemetery organization

17 Statute Section , Human Resources Code Entity County commissioners courts (for juvenile offender residential facilities) 11 Section , Local Government Code Sections and , Local Government Code Section , Local Government Code Section , Local Government Code Section , Local Government Code Section , Local Government Code Section , Local Government Code Section , Local Government Code Section , Local Government Code Sections and , Local Government Code Section , Local Government Code Sections and , Local Government Code Sections and , Local Government Code Section , Local Government Code Section , Local Government Code Sections and , Local Government Code Section 379B.0045, Local Government Code Section , Local Government Code Section , Local Government Code Section , Local Government Code Sections , , Local Government Code Special-law municipality (for limited purposes along navigable stream) Municipality Municipality or county (for air rights or property around airport) Municipality County County commissioners court (for federal water projects) Municipality or other local government Municipality or county County commissioners court or municipality s governing body (for hospital site) Civic center authority County building authority Sports facility district Municipality or county Sports and community venue district County jail district Municipality (for urban renewal and slum clearance) Defense base development authority County development district Housing authority Red River Redevelopment Authority Municipality (for drainage, sewage, or water supply system)

18 Statute Section , Local Government Code Section , Local Government Code Section , Local Government Code Section , Local Government Code Section , Local Government Code Section , Local Government Code Section , Local Government Code Section , Local Government Code Sections and , Local Government Code Entity Water improvement or water control and improvement district Municipal sewer provider corporation Water corporation Municipal electric utility system County (for flood control) County (power of eminent domain within a municipality) Coastal county or municipality (for seawall or levee) Public entity (a political entity or corporate body of the state) Parking authority 12 Section , Natural Resources Code Section , Natural Resources Code Sections and , Natural Resources Code Section , Natural Resources Code Section , Natural Resources Code Section , Natural Resources Code Section , Natural Resources Code Section , Natural Resources Code State, or permittee, lessee, or assignee of the state (for access to permanent school fund land) School Land Board (for interests in surface estate in coastal wetlands) School Land Board or leaseholder or assignee of the board (for oil and gas extraction in riverbeds and channels) Gas utility or its subsidiary or parent corporation (for underground gas storage facility per a finding by the Texas Railroad Commission) Common carrier (pipeline) Well wastewater corporation State (for abandoned mine reclamation) State agency, political subdivision (for wetland reclamation) Section , Parks and Wildlife Code Section , Parks and Wildlife Code Section , Parks and Wildlife Code Parks and Wildlife Department (for park access) Parks and Wildlife Department (for outdoor recreation resources) Parks and Wildlife Department (for park site acquisition)

19 Statute Sections and , Parks and Wildlife Code Sections and , Parks and Wildlife Code Section , Parks and Wildlife Code Entity Parks and Wildlife Department (for Franklin Mountain State Park) Parks and Wildlife Department (for Trinity River State Park) Parks and Wildlife Department (for fish hatcheries) 13 Section , Special District Local Laws Code City of Amarillo Hospital District Section , Special District Local Laws Code Angleton-Danbury Hospital District of Brazoria County Section , Special District Local Laws Code Booker Hospital District Section , Special District Local Laws Code Ballinger Memorial Hospital District Section , Special District Local Laws Code Baylor County Hospital District Section , Special District Local Laws Code Caprock Hospital District Section , Special District Local Laws Code Chillicothe Hospital District Section , Special District Local Laws Code Cochran Memorial Hospital District Section , Special District Local Laws Code Red River Redevelopment Authority Section , Special District Local Laws Code Lake View Management and Development District in Henderson County Section , Special District Local Laws Code Angleton Drainage District Section , Special District Local Laws Code Parker County Special Utility District Section , Special District Local Laws Code Rose Hill Special Utility District Section , Special District Local Laws Code Stephens Regional Special Utility District Section , Special District Local Laws Code Athens Municipal Water Authority Section , Special District Local Laws Code Bammel Utility District Section , Special District Local Laws Code Montgomery County Municipal Utility District No. 100 Section , Special District Local Laws Code Montgomery County Municipal Utility District No. 101 Section , Special District Local Laws Code Harris County Municipal Utility District No. 460 Section , Special District Local Laws Code City of Fort Worth Municipal Utility District No. 1 of Denton County

20 Statute Entity 14 Section , Special District Local Laws Code Galveston County Municipal Utility District No. 53 Section , Special District Local Laws Code Williamson County Municipal Utility District No. 22 Section , Special District Local Laws Code Rockwall County Municipal Utility Districts Nos. 6, 7, 8, and 9 Section , Special District Local Laws Code Galveston County Municipal Utility District No. 60 Section , Special District Local Laws Code Las Lomas Municipal Utility District No. 4 of Kaufman County Section , Special District Local Laws Code City of Fort Worth Municipal Utility District No. 2 of Tarrant County Section , Special District Local Laws Code Fort Bend County Municipal Utility District No. 167 Section , Special District Local Laws Code Galveston County Municipal Utility District No. 61 Section , Special District Local Laws Code Galveston County Municipal Utility District No. 62 Section , Special District Local Laws Code Galveston County Municipal Utility District No. 63 Section , Special District Local Laws Code Galveston County Municipal Utility District No. 64 Section , Special District Local Laws Code Galveston County Municipal Utility District No. 54 Section , Special District Local Laws Code Galveston County Municipal Utility District No. 52 Section , Special District Local Laws Code Harris County Municipal Utility District No. 406 Section , Special District Local Laws Code Galveston County Municipal Utility District No. 67 Section , Special District Local Laws Code Brazoria County Municipal Utility District No. 44 Section , Special District Local Laws Code Angelina and Neches River Authority Section , Special District Local Laws Code North Fort Bend Water Authority Section , Special District Local Laws Code Central Harris County Regional Water Authority Section , Special District Local Laws Code Kaufman County Water Control and Improvement District No. 1 Section , Special District Local Laws Code Aquilla-Hackberry Creek Conservation District Section , Special District Local Laws Code Bacliff Municipal Utility District of Galveston County Section , Special District Local Laws Code Clear Creek Watershed Authority Section , Special District Local Laws Code La Salle Water Control and Improvement District No. 1

21 Statute Section , Special District Local Laws Code Entity Aransas County Conservation and Reclamation District Section , Tax Code Municipality (for reinvestment zone projects) 15 Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Sections and , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Chapter 314, Transportation Code Texas Transportation Commission (for Central Texas airport) Local government (for airport or related facility) Texas Transportation Commission (for intracoastal waterway) Texas Department of Transportation (for rail facilities) Texas Transportation Commission (for state highway) County commissioners court (for freeway) Texas Department of Transportation (for interstate highway) County commissioners court (for state highway) Texas Transportation Commission (for Trans-Texas Corridor) County (for county road right-of-way) County commissioners court (for drainage channel right-of-way) County commissioners court (for street opening, extension, widening) County (for public interest in private road) County (for toll underpass or tunnel) County or local government corporation in certain counties (for transportation projects) County operating board County (for multicounty transportation projects) Municipality for municipal freeway Home-rule municipality (for street opening, extension, or widening) Municipality (for highway improvements)

22 16 Statute Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Sections and , Transportation Code Section , Transportation Code Section , Transportation Code Sections and , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Entity Municipality (for removal or relocation of railroad tracks at street crossings) Individual, corporation, association - with state authorization (for causeway) Texas Department of Transportation (for turnpike) Texas Transportation Commission (for turnpike) Border county (for toll bridge) Regional tollway authority (for turnpike project) Texas Department of Transportation (regional mobility authority property need for state highway or rail facility) Regional mobility authority (for turnpike project) Texas Transportation Commission (for highway beautification) Rapid transit authority (for mass transportation system) Rapid transit authority (for station or terminal) Regional transportation authority (for public transportation system) Coordinated county transportation authority (for public transportation system) Section , Utilities Code Section , Utilities Code Sections and , Utilities Code Section , Utilities Code Section , Utilities Code Sections and , Utilities Code Electric cooperative Telephone cooperative Entity engaged in authorized generation, transmission, or distribution of electric energy for sale to the public Gas or electric corporation Telephone or telegraph corporation Utility, common carrier, cable operator, or energy transporter Section , Water Code State political subdivisions and governmental agencies (to secure water for domestic or municipal supply)

23 Statute Entity 17 Section , Water Code Section , Water Code Section , Water Code Section , Water Code Section , Water Code Section , Water Code Section , Water Code Section , Water Code Sections and , Water Code Section , Water Code Sections and , Water Code Section , Water Code Section , Water Code Section , Water Code Section , Water Code Section , Water Code Texas Commission on Environmental Quality (to eliminate unsafe water works) Texas Deepwater Port Authority Conservation and reclamation districts, river authority, certain other districts and authorities (for regional waste disposal system) Conservation and reclamation districts, river authority, certain other districts and authorities with the authority to regulate the spacing of water wells, the production from water wells or both (groundwater conservation districts) Certain districts, water supply corporation Districts as above (acquisition of cemetery land within the area to be covered by a dam, lake, or reservoir) Regional plan implementation agency (for municipal utility districts) Navigation and canal commission of a navigation district Navigation district Navigation and canal commission of a navigation district Navigation district Board of navigation and canal commissioners of a self-liquidating navigation district Self-liquidating navigation district Ogallala Water Import Authority of Texas Brazos River Authority Lower Colorado River Authority Article 2740b, Section 8, Vernon s Texas Civil Statutes Article 3183b-1, Sections 1, 2, and 3, Vernon s Texas Civil Statutes County board of education in counties of 15,000 to 20,000 (for free school) Nonprofit charitable corporation affiliated with medical center having a medical school in a county of more than 600,000 population

24 Statute Entity 18 Article 3264c, Vernon s Texas Civil Statutes Article 3264d, Vernon s Texas Civil Statutes Article j, Section 4.05, Vernon s Texas Civil Statutes Article k, Section 4.05, Vernon s Texas Civil Statutes Article , Sections 4B(j), 4D(e), and 4E(c), Vernon s Texas Civil Statutes Article 6316a, Vernon s Texas Civil Statutes Article 6331, Vernon s Texas Civil Statutes Article 6336, Vernon s Texas Civil Statutes Article 6341, Vernon s Texas Civil Statutes Article 6351, Vernon s Texas Civil Statutes Article 6535, Vernon s Texas Civil Statutes Article 6538, Vernon s Texas Civil Statutes Article 6539, Vernon s Texas Civil Statutes Article 6546, Vernon s Texas Civil Statutes Article 6550a1, Vernon s Texas Civil Statutes Article 6550c, Section 5, Vernon s Texas Civil Statutes Article 6550c-1, Section 4, Vernon s Texas Civil Statutes Article 6554, Vernon s Texas Civil Statutes Article 6558, Vernon s Texas Civil Statutes Article 6812b, Vernon s Texas Civil Statutes State, at direction of commission of control for Texas Centennial Celebrations (for historical preservation) Texas Woman s University board of regents Gaines County Solid Waste Management District Upper Sabine Valley Solid Waste Management District Industrial development corporations Railroad company Railroad corporation Railroad corporation Railroad corporation Railroad corporation Interurban electric railway corporation Interurban electric railway corporation (superior rights over other tracks) Interurban electric railway corporation Interurban electric railway corporation Common carrier (for aerial or tramway to mines) Rural rail transportation district Intermunicipal commuter rail district Union depot corporation City (for viaducts and approaches to viaducts) Counties of 198,000 to 400,000 population (for road or highway construction or improvement)

25 Table 2 Statutes Prohibiting or Restricting an Entity s Exercise of Eminent Domain Power

26

27 Table 2. Statutes Prohibiting or Restricting an Entity s Exercise of Eminent Domain Power Statute Section , Education Code Section 53.32, Education Code Section (c), Education Code Section , Education Code Section , Education Code Entity Institution of higher education (re: acquisition of land for a lodging facility or a parking lot or garage related to such facility) Higher education authority University of North Texas System board of regents Texas Woman s University board of regents The University of Houston System board of regents 21 Section , Government Code Section , Government Code Section , Government Code Section , Government Code Section , Government Code Section , Government Code Section , Government Code Municipality, county, or district issuing bonds under the Act for Development of Employment, Industrial, and Health Resources County commissioners court (re: acquisition of property for subsequent lease) County (re: acquisition of natural gas system or facility) Coastal municipality (re: land used for cemetery purposes) Municipality (re: acquisition of property for subsequent lease) Municipality (re: acquisition of property for subsequent re-sale) Any governmental or private entity (re: benefits conferred on a private party under the pretext of economic development) Section , Health and Safety Code Section , Health and Safety Code Section (c), Health and Safety Code Health facilities development corporation Public health authority, municipality, county, hospital district (financing a hospital project) County (re: conflict with a corporation s power of eminent domain) Section , Local Government Code Section (b), Local Government Code Section , Local Government Code Special-law municipality County (re: land used for cemetery purposes) Political subdivision

28 Statute Section , Local Government Code Section , Local Government Code Section , Local Government Code Section (c), Local Government Code Section , Local Government Code Section , Local Government Code Section , Local Government Code Section , Local Government Code Section , Local Government Code Section , Local Government Code Entity Public facility corporation Park board of trustees in home-rule municipalities with more than 40,000 population Park and recreation district in counties with river frontage on both the Guadalupe and Comal Rivers Sports and community venue district (restricted purpose) Municipality (re: community development programs) Municipality (re: slum clearance) Municipal management district Smith County Economic Development District County commissioners court (re: water supply and delivery) County utility system board of directors 22 Section , Natural Resources Code Section , Natural Resources Code Section , Natural Resources Code Section , Natural Resources Code School Land Board (re: interest in coastal land) School Land Board (exempts coastal wetlands used for farming and ranching) School Land Board or leaseholder or assignee of the board (re: superiority of landowner s mineral rights to board s surface rights) Common carrier, pipeline (re: condemnation of water or water rights for transportation of coal or of interests in land for extraction of minerals) Section , Special District Local Laws Code Southeast Texas Agricultural Development District Section , Special District Local Laws Code Houston Downtown Management District Section , Special District Local Laws Code Westchase District Section , Special District Local Laws Code Greater Greenspoint Management District of Harris County Section , Special District Local Laws Code First Colony Management District Section , Special District Local Laws Code Harris County Improvement District No. 3

29 Statute Entity 23 Section , Special District Local Laws Code Harris County Improvement District No. 2 Section , Special District Local Laws Code Greater East End Management District Section , Special District Local Laws Code East Downtown Management District Section , Special District Local Laws Code Midtown Management District Section , Special District Local Laws Code Harris County Municipal Management District No. 1 Section , Special District Local Laws Code Near Northwest Management District Section , Special District Local Laws Code Greater Northside Management District Section , Special District Local Laws Code Old Town Spring Improvement District Section , Special District Local Laws Code Harris County Improvement District No. 4 Section , Special District Local Laws Code Greater Southeast Management District Sections and , Special District Local Aldine Improvement District Laws Code Section , Special District Local Laws Code Harris County Improvement District No. 1 Section , Special District Local Laws Code Espada Development District Section , Special District Local Laws Code Harris County Improvement District No. 5 Section , Special District Local Laws Code West Fort Bend Management District Section , Special District Local Laws Code West Ranch Management District Section , Special District Local Laws Code Pearland Municipal Management District No. 1 Section , Special District Local Laws Code Galveston County Management District No. 1 Section , Special District Local Laws Code Harris County Improvement District No. 6 Section , Special District Local Laws Code Harris County Improvement District No. 7 Section , Special District Local Laws Code Airline Improvement District Section , Special District Local Laws Code Greater Sharpstown Management District Section , Special District Local Laws Code Dickinson Management District No. 1 Section , Special District Local Laws Code Bayview Municipal Utility District of Galveston County Section , Special District Local Laws Code Imperial Redevelopment District

30 Statute Section , Special District Local Laws Code Section , Special District Local Laws Code Section , Special District Local Laws Code Section , Special District Local Laws Code Entity Lower Trinity Groundwater Conservation District Central Texas Groundwater Conservation District Corpus Christi Aquifer Storage and Recovery Conservation District Victoria County Groundwater Conservation District Section , Tax Code Reinvestment zone board of directors 24 Section (b), Transportation Code Section (c), Transportation Code Section (c), Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Section , Transportation Code Texas Transportation Commission (land or property exempt from condemnation for intracoastal waterway purposes) Texas Transportation Commission (prohibiting advance acquisition by condemnation) Texas Transportation Commission (re: acquisition of property for certain ancillary facilities County along the Rio Grande (re: toll bridge) Toll bridge operating board in a border county Border county (re: recreational facilities associated with toll bridge) Person or governmental entity (re: property comprising part of a turnpike project) Regional mobility authority (property belonging to a rapid transit authority) Regional transportation authority (re: property for station or terminal) Texas Department of Transportation (re: mass transportation projects) Section , Water Code Navigation district Article , Sections 4A(g) and 4D(g), Vernon s Texas Civil Statutes Article , Section 10, Vernon s Texas Civil Statutes Industrial development corporation Old Galveston Quarter Commission