Texas Education Code - Section 65.33. Eminent Domain
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§ 65.33. EMINENT DOMAIN. (a) The board has the power of
eminent domain to acquire for the use of the university system any
land that may be necessary and proper for carrying out its purposes
in the manner prescribed in Title 52, Revised Civil Statutes of
Texas, 1925, as amended.
(b) Whenever the board has been made trustees by a will,
instrument in writing, or otherwise of a trust for a scientific,
educational, philanthropic, or charitable purpose, or other trust
for a public purpose, it may act by a quorum of the board or a
majority of all members. Unless otherwise directed by the terms of
the will or instrument, as trustees the board may exercise for the
purpose of the trust the power of eminent domain and may condemn
land and other property as provided by Title 52, Revised Civil
Statutes of Texas, 1925, as amended.
(c) In the event that the federal government awards the
Super-conducting Super Collider Accelerator project to one or more
institutions of higher education in the State of Texas, one of which
is a component of The University of Texas System and/or The Texas A &
M University System, and the governor with the advice of the
Houston Area Research Center Board determines that the board of
regents of The University of Texas System should select the site for
the construction of this project on permanent university fund
lands, the board shall use its best efforts to find a suitable site
on permanent university fund lands. If the board determines that it
is not feasible to locate the project wholly on permanent
university fund lands and the legislature has appropriated funds
for such purpose, the board may exercise the power of eminent domain
to acquire, on behalf of the state, title and right-of-way
easements in such land in addition to permanent university fund
lands as the board may determine is necessary and appropriate for
the project. If a component of both The University of Texas System
and The Texas A & M University System are members of the consortium
that is awarded the Super-conducting Super Collider Accelerator
project, the board of regents of The University of Texas System
shall not proceed to select a site and to exercise the power of
eminent domain without a resolution of concurrence from the board
of regents of The Texas A & M University System.
(d) The taking of the property is declared to be for the use
of the state. The board shall not be required to deposit a bond or
the amount equal to the award of damages by the commissioners as
provided in Paragraph 2, Article 3268, Revised Civil Statutes of
Texas, 1925.
Acts 1971, 62nd Leg., p. 3145, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1985, 69th Leg., ch. 922, § 1, eff. Aug.
26, 1985.
Section: 65.12 65.13 65.14 65.15 65.16 65.31 65.32 65.33 65.34 65.35 65.36 65.37 65.38 65.39 65.40
Last modified: August 11, 2007
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