Texas Local Government Code 251.001 – Right of Eminent Domain
(a) When the governing body of a municipality considers it necessary, the municipality may exercise the right of eminent domain for a public use to acquire public or private property, whether located inside or outside the municipality, for any of the following uses:
(1) the providing, enlarging, or improving of a municipally owned city hall; police station; jail or other law enforcement detention facility; fire station; library; school or other educational facility; academy; auditorium; hospital; sanatorium; market house; slaughterhouse; warehouse; elevator; railroad terminal; airport; ferry; ferry landing; pier; wharf; dock or other shipping facility; loading or unloading facility; alley, street, or other roadway; park, playground, or other recreational facility; square; water works system, including reservoirs, other water supply sources, watersheds, and water storage, drainage, treatment, distribution, transmission, and emptying facilities; sewage system including sewage collection, drainage, treatment, disposal, and emptying facilities; electric or gas power system; cemetery; and crematory;
(2) the determining of riparian rights relative to the municipal water works;
(3) the straightening or improving of the channel of any stream, branch, or drain;
(4) the straightening, widening, or extending of any alley, street, or other roadway; and
(5) any other municipal public use the governing body considers advisable.
(b) A municipality condemning land under this section may take a fee simple title to the property if the governing body expresses the intention to do so.
Terms Used In Texas Local Government Code 251.001
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Property: means real and personal property. See Texas Government Code 311.005