Texas Parks and Wildlife Code
§ 84.007 — PROTECTED LAND; NOTICE OF TAKING
PW § 84.007Title 5. WILDLIFE AND PLANT CONSERVATION · Part E. WILDLIFE MANAGEMENT AREAS, SANCTUARIES, AND PRESERVES · Ch. 84. TEXAS FARM AND RANCH LANDS CONSERVATION PROGRAM
Statute text
View on source(a)A department or agency of this state, a county, a municipality, another political subdivision, or a public utility may not approve any program or project that requires the use or taking through eminent domain of private land encumbered by an agricultural conservation easement purchased under this chapter unless the governmental entity or public utility acting through its governing body or officers determines that:
(1)there is no feasible and prudent alternative to the use or taking of the land; and
(2)the program or project includes all reasonable planning to minimize harm to the land resulting from the use or taking.
(b)A determination required by Subsection (a) may be made only at a properly noticed public hearing.
(c)The governing body or officers of the governmental entity or public utility may consider clearly enunciated local preferences, and the provisions of this chapter do not constitute a mandatory prohibition against the use of the area if the determinations required by Subsection (a) are made.
(d)If, after making the determination required by Subsection (a), a department or agency of this state, a county, a municipality, another political subdivision, or a public utility acquires by eminent domain a fee simple interest in land encumbered by an agricultural conservation easement purchased under this chapter:
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Legislative history
Transferred, redesignated and amended from Natural Resources Code, Subchapter B, Chapter 183 by Acts 2015, 84th Leg., R.S., Ch. 401 (H.B. 1925), Sec. 1, eff. June 10, 2015.