Texas Transportation Code 257.024 – Excluding Real Property From Road District
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(a) Before the commissioners court orders an election to authorize bonds for a road district, the commissioners court, on its own motion or on receipt of a written petition from a property owner seeking to exclude the property owner’s real property from the district, may hold a hearing on the question of excluding specified real property from the district.
(b) If the commissioners court determines that a hearing should be held, the court shall give notice of the time and place of the hearing in the manner provided for notice of a hearing for the creation of a road district.
Terms Used In Texas Transportation Code 257.024
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The court shall exclude real property from the district if:
(1) the retention of the real property in the district’s taxing jurisdiction would:
(A) be arbitrary and unnecessary to protect the public welfare;
(B) impair the value of the real property; and
(C) arbitrarily impose a confiscatory burden on the real property;
(2) the retention of the real property in the district and the extension to it of the benefits, service, or protection of the district’s roads would create an undue and uneconomical burden on the remainder of the district; or
(3) the real property cannot be benefited by the district’s proposed improvements.
(d) If, after considering the engineering information and other evidence presented at the hearing, the commissioners court determines that a ground for exclusion of the real property exists, the court shall enter an order:
(1) excluding the real property from the road district; and
(2) redefining the boundaries of the district.