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Texas Transportation Code

§ 311.092 — ASSESSMENT FOR OPENING, EXTENDING, OR WIDENING OF STREET OR ALLEY IN HOME-RULE MUNICIPALITY

TN § 311.092Title 6. ROADWAYS · Part E. MUNICIPAL STREETS · Ch. 311. GENERAL PROVISIONS RELATING TO MUNICIPAL STREETS · Art. E. FINANCING IMPROVEMENTS

Statute text

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(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.

Legislative history

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