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Texas Transportation Code - Section 257.024. Excluding Real Property From Road District

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 257.024. Excluding Real Property From Road District

§ 257.024. EXCLUDING REAL PROPERTY FROM ROAD 
DISTRICT.  (a) Before the commissioners court orders an election to 
authorize bonds for a road district, the commissioners court, on 
its own motion or on receipt of a written petition from a property 
owner seeking to exclude the property owner's real property from 
the district, may hold a hearing on the question of excluding 
specified real property from the district.
	(b)  If the commissioners court determines that a hearing 
should be held, the court shall give notice of the time and place of 
the hearing in the manner provided for notice of a hearing for the 
creation of a road district.
	(c)  The court shall exclude real property from the district 
if:             
		(1)  the retention of the real property in the 
district's taxing jurisdiction would:
			(A)  be arbitrary and unnecessary to protect the 
public welfare;           
			(B)  impair the value of the real property;  and                             
			(C)  arbitrarily impose a confiscatory burden on 
the real property;        
	(2)  the retention of the real property in the district and 
the extension to it of the benefits, service, or protection of the 
district's roads would create an undue and uneconomical burden on 
the remainder of the district;  or
	(3)  the real property cannot be benefited by the district's 
proposed improvements.
	(d)  If, after considering the engineering information and 
other evidence presented at the hearing, the commissioners court 
determines that a ground for exclusion of the real property exists, 
the court shall enter an order:
		(1)  excluding the real property from the road 
district;  and               
		(2)  redefining the boundaries of the district.                               

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

Last modified: August 10, 2007