Sec. 451.059. EMINENT DOMAIN PROCEEDINGS. (a) An eminent domain proceeding by an authority is initiated by the adoption by the board of a resolution that:
(1) describes the property interest to be acquired by the authority;
(2) declares the public necessity for and interest in the acquisition; and
(3) states that the acquisition is necessary and proper for the construction, extension, improvement, or development of the transit authority system.
(b) At least 30 days before the date of the adoption of a resolution under Subsection (a), the board shall hold a public hearing on the question of the acquisition. The hearing must be held at a place convenient to the residents of the area where the property to be acquired is located.
(c) The board shall publish notice of the hearing in a newspaper of general circulation in the county where the property is located at least once each week for two weeks before the date of the hearing.
(d) A resolution adopted under this section is conclusive evidence of the public necessity for the acquisition described in the resolution and that the property interest is necessary for public use.
(e) Except as otherwise provided by this chapter, Chapter 21, Property Code, applies to an eminent domain proceeding by an authority.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Structure Texas Statutes
Subtitle K - Mass Transportation
Chapter 451 - Metropolitan Rapid Transit Authorities
Subchapter B. Powers of Authorities
Section 451.051. Powers Applicable to Confirmed Authority
Section 451.052. Nature of Authority
Section 451.053. Responsibility for Control of Authority
Section 451.054. General Powers of Authority
Section 451.055. Contracts; Grants and Loans
Section 451.056. Operation of Transit Authority System
Section 451.057. Acquisition of Property by Agreement
Section 451.058. Use and Acquisition of Property of Others
Section 451.059. Eminent Domain Proceedings
Section 451.060. Agreement With Utilities, Carriers
Section 451.061. Fares and Other Charges
Section 451.0611. Enforcement of Fares and Other Charges; Penalties
Section 451.0612. Fare Enforcement Officers
Section 451.062. Power to Enter Real Property
Section 451.063. Tax Exemption
Section 451.064. Parking Areas: Certain Authorities
Section 451.065. Roadways, Trails, Lighting: Certain Authorities
Section 451.066. Spending Limitation: Trails and Lighting in Certain Authorities
Section 451.067. Emergency Medical Services: Certain Authorities
Section 451.068. Free Fares Program: Certain Authorities
Section 451.071. Referendum for Rail Plan; Certain Authorities
Section 451.072. General Authority to Call Election: Certain Authorities