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Texas Local Government Code

§ 211.019 — NONCONFORMING LAND USE

LG § 211.019Title 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES · Part A. MUNICIPAL REGULATORY AUTHORITY · Ch. 211. MUNICIPAL ZONING AUTHORITY · Art. A. GENERAL ZONING REGULATIONS

Statute text

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(a)In this section, "market value" means the price the sale of the property would bring in an arms-length transaction when offered for sale by one who wishes, but is not obliged, to sell and when bought by one who is under no necessity of buying it.
(b)A person using a property in a manner considered to be a nonconforming use as a result of the adoption of or change to a zoning regulation or boundary may continue to use the property in the same manner unless required by a municipality to stop the nonconforming use of the property.
(c)A requirement imposed by a municipality to stop a nonconforming use of a property under this section includes:
(1)an official action by the governing body of the municipality or a board, commission, department, or official of the municipality; or
(2)a determination by the municipality that a nonconforming use has an adverse effect or other necessary determination that a municipality must make before imposing a requirement to stop a nonconforming use under applicable law.
(d)If a municipality requires a property owner or lessee to stop the nonconforming use of a property as described by Subsection (b), the owner or lessee of the property is entitled to:

Legislative history

Added by Acts 2023, 88th Leg., R.S., Ch. 52 (S.B. 929), Sec. 2, eff. May 19, 2023.

Source: Texas Local Government Code § 211.019 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.