CHAPTER 2206. LIMITATIONS ON USE OF EMINENT DOMAIN
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE E. GOVERNMENT PROPERTY
CHAPTER 2206. LIMITATIONS ON USE OF EMINENT DOMAIN
Sec. 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, Sec. 1, eff. November 18, 2005.