Texas Transportation Code Title 6, Chapter 314 - Purchase Or Condemnation Of Property For Highways By Certain Municipalities

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B AUTHORITY TO PURCHASE OR CONDEMN PROPERTY

• Texas Section 314.001 - Applicability
  This chapter applies only to a municipality with a population of more than 1,000. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1,
• Texas Section 314.011 - Acquisition Of Property For Highway Improvements By Municipality
  (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)...
• Texas Section 314.012 - Resolution
  (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...

SUBCHAPTER C PROCEDURE

• Texas Section 314.013 - Survey
  (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)...
• Texas Section 314.021 - Appointment Of Condemnation Commission
  (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...
• Texas Section 314.022 - Notice Of Condemnation
  (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)...
• Texas Section 314.023 - Hearing On Condemnation
  (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)...
• Texas Section 314.024 - Objections
  (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...
• Texas Section 314.025 - Law Applicable
  Except as otherwise provided by this chapter, Chapter 21, Property Code, applies to proceedings under this chapter. Acts 1995, 74th Leg., ch. 165, Sec. 1,...

SUBCHAPTER D ASSESSMENTS

• Texas Section 314.026 - Errors
  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...
• Texas Section 314.041 - Assessments
  (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...
• Texas Section 314.042 - Notice To Owner Of Assessment
  (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...
• Texas Section 314.043 - Notice To County Clerk Of Assessment
  (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...
• Texas Section 314.044 - Hearing On Assessment
  (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...
• Texas Section 314.045 - Lien
  (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...
• Texas Section 314.046 - Assessments Levied
  (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...
• Texas Section 314.047 - Hearing On Assessment Before Condemnation Commission
  (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)...
• Texas Section 314.048 - Certificates
  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...
• Texas Section 314.049 - Enforcement Of Assessment
  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...
• Texas Section 314.050 - Suit On Certificate
  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...
• Texas Section 314.051 - Reassessments
  (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...
• Texas Section 314.052 - Deficiency Assessments
  (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:...
• Texas Section 314.053 - Suit To Set Aside Or Correct Assessment Or Reassessment
  (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...
• Texas Section 314.054 - Validity Of Assessment
  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: September 28, 2016