Sec. 452.059. EMINENT DOMAIN PROCEEDINGS. (a) An eminent domain proceeding by an authority is initiated by the adoption by the executive committee 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 public transportation system.
(b) A resolution adopted under this section and approved by resolution of the appropriate municipal governing body or commissioners court is conclusive evidence of the public necessity for the acquisition described in the resolution and that the property interest is necessary for public use.
(c) 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 452 - Regional Transportation Authorities
Subchapter B. Powers of Authorities
Section 452.051. Powers Applicable to Confirmed Authority
Section 452.052. Nature of Authority
Section 452.053. Responsibility for Control of Authority
Section 452.054. General Powers of Authority
Section 452.055. Contracts; Grants and Loans
Section 452.056. Operation of Public Transportation System
Section 452.0561. Liability of Transportation Entity Providing Public Transportation
Section 452.057. Acquisition of Property by Agreement
Section 452.058. Use and Acquisition of Property of Others
Section 452.059. Eminent Domain Proceedings
Section 452.060. Agreement With Utilities, Carriers
Section 452.061. Fares and Other Charges
Section 452.0611. Enforcement of Fares and Other Charges; Penalties
Section 452.0612. Fare Enforcement Officers
Section 452.0613. Enforcement of High Occupancy Vehicle Lane Usage; Penalties
Section 452.063. Tax Exemption
Section 452.064. Light Rail System: Regulatory Exemption
Section 452.065. Electric Power for Rail System: Certain Authorities