CHAPTER 1. GENERAL PROVISIONS
VERNON'S CIVIL STATUTES
TITLE 51. ELEEMOSYNARY INSTITUTIONS
CHAPTER 1. GENERAL PROVISIONS
Art. 3183b-1. EMINENT DOMAIN BY CERTAIN NONPROFIT CHARITABLE
CORPORATIONS.
Nonprofit Charitable Corporation Affiliated with Medical Center
having Medical School in County of Over 600,000 Population
Sec. 1. Any nonprofit corporation incorporated under the laws of
this state for purely charitable purposes and which is directly
affiliated or associated with a medical center having a medical
school recognized by the Council on Medical Education and
Hospitals of the American Medical Association as an integral part
of its establishment, and which has for a purpose of its
incorporation the provision or support of medical facilities or
services for the use and benefit of the public, and which is
situated in any county of this state having a population in
excess of six hundred thousand (600,000) inhabitants according to
the most recent Federal Census shall have the power of eminent
domain and condemnation for the purposes set forth in Section 2
and Section 3 of this Act.
Acquisition of Lands Adjacent to Medical Center for Construction,
Maintenance and Operation of Facilities
Sec. 2. Any charitable corporation as defined in Section 1 of
this Act shall have the power of eminent domain and condemnation
for the purpose of acquiring lands adjacent or contiguous
(whether or not separated by public thoroughfares) to such
medical center upon which are to be constructed, maintained, and
operated as a part of the medical center, facilities dedicated to
medical care, teaching, and research for the public welfare,
including ancillary or service activities generally and
customarily recognized as essential to such facilities in a
medical center.
Acquisition of Lands Adjacent to Medical Center for Purpose of
Conveying or Leasing; Use of Lands
Sec. 3. Any charitable corporation as defined in Section 1 of
this Act shall have the power of eminent domain and condemnation
for the purpose of acquiring lands adjacent or contiguous
(whether or not separated by public thoroughfares) to such
medical center for the purpose of conveying or leasing such lands
in the manner set forth in Section 4 of this Act to any nonprofit
corporation, association, foundation or trust for the
construction, maintenance, and operation of facilities to be a
part of the medical center and dedicated to medical care,
teaching, or research for the public welfare, including ancillary
or service activities generally and customarily recognized as
essential to such facilities in a medical center.
Authority and Power to Control Property Acquired; Deeds of
Conveyance or Lease
Sec. 4. Any charitable corporation as defined in Section 1 of
this Act in the exercise of the power of eminent domain conferred
herein shall have full authority and power to control the
property acquired for the purposes authorized herein, and shall
have the authority to convey such property or to lease the same
for a period of ninety-nine (99) years with an option to renew.
Any deed of conveyance or lease as provided in Section 3 of this
Act shall set forth the defeasance or conditions under which the
property is conveyed or leased and the fact that it is dedicated
to medical care, teaching, or research for the public welfare.
Reversion of Title to Original Owner
Sec. 5. It is expressly provided that if any property acquired
under authority of this Act is not used for the purpose of
medical care, teaching, or research or essential ancillary and
service activities, but use for such purposes is abandoned, title
to the property shall revert to the original owner from whom such
property was acquired by condemnation pursuant to this Act, or to
his heirs, devisees, or assigns.
Sec. 6. (a) Except as provided by Subsection (b) of this
section, the power of eminent domain granted by this Act shall be
exercised in accordance with Chapter 21, Property Code.
(b) If a charitable corporation to which this Act applies seeks
to acquire any real property by condemnation or seeks to purchase
any real property that the corporation intends to use in a manner
that would not comply with any deed restriction that applies to
the property immediately before the purchase, before the
charitable corporation initiates condemnation proceedings or
records the deed conveying title to the property the charitable
corporation shall, in addition to providing any other notice
required by law, provide written notice by certified mail to the
owner of record, as recorded in the real property records of the
county, of each unit of real property:
(1) that the charitable corporation seeks to acquire or
purchase; or
(2) that is not more than 200 feet from any boundary of any unit
of real property the charitable corporation seeks to acquire or
purchase.
Acts 1959, 56th Leg., p. 367, ch. 178, eff. Aug. 11, 1959.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch.
1, Sec. 6, eff. November 18, 2005.