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.