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Texas Transportation Code - Section 311.092. Assessment For Opening, Extending, Or Widening Of Street Or Alley In Home-Rule Municipality

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 311.092. Assessment For Opening, Extending, Or Widening Of Street Or Alley In Home-Rule Municipality

§ 311.092. ASSESSMENT FOR OPENING, EXTENDING, OR WIDENING 
OF STREET OR ALLEY IN HOME-RULE MUNICIPALITY.  (a) A home-rule 
municipality may:
		(1)  acquire land necessary for opening, extending, or 
widening a public street or alley by the exercise of the right of 
eminent domain under Section 251.001, Local Government Code;  and
		(2)  assess the owners of land located in the territory 
of the improvement and specially benefitted by the improvement for 
the cost of the improvement.
	(b)  The special commissioners appointed under Chapter 21, 
Property Code, as part of the eminent domain proceeding shall 
apportion the cost of the improvement between the municipality and 
the landowners.  The municipality's share of the cost may not exceed 
one-third of the cost.  The municipality shall pay its share of the 
cost, and the landowners shall pay the balance.
	(c)  The special commissioners shall determine the land that 
is located in the territory of the improvement and is specially 
benefitted in enhanced value.
	(d)  The assessment creates a lien on the owner's land for 
the assessed cost.
	(e)  The municipality may issue assignable certificates for 
the payment of the assessed cost and may provide for the payment of 
the cost in deferred payments, which bear interest at a rate 
determined by the municipal charter but not to exceed eight 
percent.

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

Last modified: August 10, 2007