Sec. 379B.0045. EMINENT DOMAIN. (a) An authority or an authority whose subject property is within the territorial limits of a municipality may exercise the power of eminent domain to acquire property in the base property or in an area surrounding the base only in the manner provided by Chapter 21, Property Code.
(b) Before the authority initiates an eminent domain proceeding to acquire property, the board must:
(1) adopt a master development and redevelopment plan for the property in the base property or in an area surrounding the base and incorporate and approve the plan as part of the master plan of the municipality in which the base property is located; and
(2) find, after conducting a public hearing, that:
(A) notice of the hearing was published in a newspaper of general circulation in the municipality in which the base property is located not later than the 15th day before the date of the hearing;
(B) the property lies in a redevelopment project designated under Section 379B.009; and
(C) the use of eminent domain is necessary to acquire the property to carry out the essential objectives of the master development and redevelopment plan as approved by the municipality.
Added by Acts 2003, 78th Leg., ch. 1116, Sec. 1, eff. June 20, 2003.
Renumbered from Local Government Code, Section 378.0045 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(67), eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1120 (H.B. 3879), Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1382 (S.B. 1237), Sec. 2, eff. September 1, 2007.
Structure Texas Statutes
Title 12 - Planning and Development
Subtitle A - Municipal Planning and Development
Chapter 379B - Defense Base Development Authorities
Section 379B.0012. Application of Other Law
Section 379B.002. Establishment; Successor
Section 379B.003. Purpose and Nature of Authority
Section 379B.004. Powers and Duties of Authority
Section 379B.0041. Inland Port and Trade Powers
Section 379B.0043. Transportation Project
Section 379B.0045. Eminent Domain
Section 379B.005. Suits; Indemnity
Section 379B.006. Utilities for Authorities Created in Populous Municipality
Section 379B.0065. Utilities for Authorities Created in Less Populous Municipality
Section 379B.007. Board of Directors
Section 379B.008. Powers and Duties of Board
Section 379B.0085. Hearings by Telephone or Similar Means
Section 379B.009. Redevelopment Projects
Section 379B.011. Tax Exemptions
Section 379B.012. Dissolution for Authorities Created in Populous Municipality
Section 379B.013. Dissolution for Authorities Created in Less Populous Municipality