Texas Local Government Code 253.013 – Donation of Real Property of Negligible or Negative Value to Certain Private Persons
(a) This section applies only to:
(1) a municipality with a population greater than 150,000 and less than 200,000 that is located in three counties; and
(2) a municipality with a population greater than 78,000 and less than 88,000 that is located in a county in which part but not all of a military installation is located.
(b) The governing body of a municipality to which this section applies may determine that real property located inside the boundaries of the municipality and owned by the municipality is surplus real property of negligible or negative value if:
(1) the property is not improved, including by having a structure on it or by being paved;
(2) ownership of the property does not provide any identifiable positive benefit to the municipality in relation to the municipality’s current needs;
(3) ownership of the property is not likely to provide any identifiable positive benefit to the municipality in relation to the municipality’s future needs; and
(4) the cost of maintaining the property is a substantial burden to the municipality.
Terms Used In Texas Local Government Code 253.013
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- 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.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The governing body of a municipality that makes a determination under Subsection (b) shall adopt written findings and conclusions regarding the determination made.
(d) The governing body of a municipality that makes a determination under Subsection (b) that certain real property is surplus real property of negligible or negative value may donate that property to a private person who owns property adjacent to the surplus real property of negligible or negative value.
(e) § 272.001 does not apply to a conveyance of property authorized by this section.