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Texas Transportation Code - Chapter 314 Purchase Or Condemnation Of Property For Highways By Certain MunicipalitiesLegal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Chapter 314 Purchase Or Condemnation Of Property For Highways By Certain Municipalities This chapter applies only to a municipality with a population of more than 1,000. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, ... (a) The governing body of a municipality may purchase or condemn property to lay out, construct, improve, or extend any highway within its boundaries. (b) ... (a) A governing body that determines to proceed under this chapter shall declare its determination by resolution that may: (1) state the nature, extent, and ... (a) On passage of the resolution, the municipal engineer or engineer designated by the governing body shall prepare and submit to the governing body: (1) ... (a) In addition to qualifying under Section 21.014(a), Property Code, a member of a condemnation commission must be a qualified voter. (b) If a commissioner ... (a) The commission or the clerk, secretary, or recording officer of a municipality shall give written notice of a hearing before the commission to: (1) ... (a) Each owner, lienholder, or other interested party is entitled to appear at the hearing in person or by agent and be heard regarding: (1) ... (a) Not later than the 10th day after the date the commission files a report under Section 314.023 with the court, a party affected by ... Except as otherwise provided by this chapter, Chapter 21, Property Code, applies to proceedings under this chapter. Acts 1995, 74th Leg., ch. 165, § 1, ... The governing body, the condemnation commission, and the judge before whom a condemnation proceeding is pending shall take all appropriate actions to correct any error ... (a) Except as provided by this section, the governing body may by resolution order an assessment to pay all or part of the costs of ... (a) An assessment may not be made against the property benefited or the owners of the property until after the owners, lienholders, and other interested ... (a) A governing body that proposes to assess property abutting an improvement shall file notice with the county clerk of each county in which the ... (a) At a hearing under Section 314.042(a), an owner, lienholder, or other interested party may: (1) object in writing to an assessment, special benefit to ... (a) An assessment creates a lien on property prior to all other liens except a lien for ad valorem taxes. (b) The lien takes effect ... (a) The governing body may make an assessment only by ordinance. (b) An assessment may: (1) be made payable in not more than 16 installments ... (a) The governing body may provide that the condemnation commissioners hold the hearing required under Section 314.042(a). (b) The commission that holds the hearing: (1) ... The municipality may: (1) issue assignable certificates payable to the municipality or the purchaser of the certificates stating the liability of the property and the ... An assessment may be enforced by: (1) suit brought by the municipality for the benefit of a holder and owner of an assessment or a ... In a suit to enforce a certificate issued under Section 314.048, the recitals of the certificate are sufficient to allege the proceedings of the governing ... (a) An error in a proceeding under this chapter, the description of property, or the name of the owner does not invalidate an assessment, and ... (a) If, after an assessment is made under this chapter, the amount assessed and apportioned is insufficient to defray all the costs of an improvement: ... (a) A suit to set aside or correct an assessment or reassessment or a proceeding relating to the assessment or reassessment because of an error ... An assessment or reassessment is valid and binding without regard to: (1) an error, omission, or invalidity in a proceeding of the municipality under this ... Last modified: August 10, 2007 |