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Texas Statutes (Last Updated: January 4, 2014) |
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TRANSPORTATION CODE |
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Title 6. ROADWAYS |
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Subtitle K. MASS TRANSPORTATION |
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Chapter 452. REGIONAL TRANSPORTATION AUTHORITIES |
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Subchapter B. POWERS OF AUTHORITIES |
Sec. 452.059. EMINENT DOMAIN PROCEEDINGS
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(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.