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Texas Statutes (Last Updated: January 4, 2014) |
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PROPERTY CODE |
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Title 4. ACTIONS AND REMEDIES |
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Chapter 21. EMINENT DOMAIN |
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Subchapter E. REPURCHASE OF REAL PROPERTY FROM CONDEMNING ENTITY |
Sec. 21.101. RIGHT OF REPURCHASE
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(a) A person from whom a real property interest is acquired by an entity through eminent domain for a public use, or that person's heirs, successors, or assigns, is entitled to repurchase the property as provided by this subchapter if:
(1) the public use for which the property was acquired through eminent domain is canceled before the property is used for that public use;
(2) no actual progress is made toward the public use for which the property was acquired between the date of acquisition and the 10th anniversary of that date; or
(3) the property becomes unnecessary for the public use for which the property was acquired, or a substantially similar public use, before the 10th anniversary of the date of acquisition.
(b) In this section, "actual progress" means the completion of two or more of the following actions:
(1) the performance of a significant amount of labor to develop the property or other property acquired for the same public use project for which the property owner's property was acquired;
(2) the provision of a significant amount of materials to develop the property or other property acquired for the same public use project for which the property owner's property was acquired;
(3) the hiring of and performance of a significant amount of work by an architect, engineer, or surveyor to prepare a plan or plat that includes the property or other property acquired for the same public use project for which the property owner's property was acquired;
(4) application for state or federal funds to develop the property or other property acquired for the same public use project for which the property owner's property was acquired;
(5) application for a state or federal permit to develop the property or other property acquired for the same public use project for which the property owner's property was acquired;
(6) the acquisition of a tract or parcel of real property adjacent to the property for the same public use project for which the owner's property was acquired; or
(7) for a governmental entity, the adoption by a majority of the entity's governing body at a public hearing of a development plan for a public use project that indicates that the entity will not complete more than one action described by Subdivisions (1)-(6) before the 10th anniversary of the date of acquisition of the property.
(c) A district court may determine all issues in any suit regarding the repurchase of a real property interest acquired through eminent domain by the former property owner or the owner's heirs, successors, or assigns.