reglab/housing_qa huggingface dataset:
TX Transp Code § 313.050 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter C. Assessments|Section 313.050. Correction of Assessments

Sec. 313.050.  CORRECTION OF ASSESSMENTS.  If an assessment is determined to be invalid or unenforceable, the governing body of the municipality may:(1)  supply any deficiency in the assessment proceedings;(2)  correct any mistake or irregularity in connection with the assessment;  and(3)  at any time, make and impose a subsequent assessment after notice and hearing as nearly as possible in the manner this chapter provides for an original assessment and subject to the provisions of this chapter regarding special benefits.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.051 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter C. Assessments|Section 313.051. No Lien on Exempt Property; Liability of Owner

Sec. 313.051.  NO LIEN ON EXEMPT PROPERTY;  LIABILITY OF OWNER.  (a)  This chapter does not authorize a lien against an interest in property that, at the time an improvement is ordered, is exempt from any lien created by an assessment for a street improvement.(b)  Notwithstanding Subsection (a), the owner of exempt property is personally liable for an assessment in connection with the property.(c)  The omission of an improvement fronting exempt property does not invalidate the lien or liability for an assessment made against nonexempt property.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.052 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter C. Assessments|Section 313.052. Assessment Certificates

Sec. 313.052.  ASSESSMENT CERTIFICATES.  (a)  The governing body may issue in the name of the municipality an assignable certificate to evidence an assessment imposed.  The certificate may declare the lien on the property and the liability of the owner of the property regardless of whether the owner is correctly named.  The governing body may determine the terms of the certificate.(b)  A recital in a certificate that states substantially that the procedure for making the improvement was in compliance with law and that all prerequisites to creating the assessment lien on the property the certificate describes and to creating the personal liability of the property owner were performed is prima facie evidence of those matters.(c)  Subsection (b) applies to a recital in a certificate that evidences an assessment under Section 313.048 or 313.050.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.053 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter C. Assessments|Section 313.053. Changes in Proceedings; Procedure

Sec. 313.053.  CHANGES IN PROCEEDINGS;  PROCEDURE.  (a)  The governing body of a municipality may change a plan, method, or contract for an improvement or other proceeding related to a plan, method, or contract for an improvement.(b)  A change that substantially affects the nature or quality of an improvement may not be made unless the governing body determines, by a two-thirds vote, that it is impractical to proceed with the improvement.(c)  If a substantial change is made after a hearing has been ordered or held, the governing body, in the same manner and with the same effect as provided for an original notice and hearing, shall:(1)  make a new estimate of cost;(2)  order and hold a new hearing;  and(3)  give new notices.(d)  If an improvement is abandoned, the new estimate, hearing, and notices are not required.(e)  A change in or abandonment of an improvement must be with the consent of the person who contracted with the municipality for the construction of the improvement.(f)  If an improvement is abandoned, a municipality shall adopt an ordinance that has the effect of canceling:(1)  any assessment imposed for the abandoned improvement;  and(2)  all other proceedings relating to the abandoned improvement.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.054 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter C. Assessments|Section 313.054. Enforcement of Assessment; Priority of Lien; Defenses

Sec. 313.054.  ENFORCEMENT OF ASSESSMENT;  PRIORITY OF LIEN;  DEFENSES.  (a)  An assessment under this subchapter:(1)  is collectible with interest, expense of collection, and reasonable attorney's fees, if incurred;(2)  is a first and prior lien on the property on which the lien is created from the date the municipality orders the improvement;  and(3)  is superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes.(b)  A lien against property or the personal liability of a property owner that arises from an assessment made under this subchapter may be enforced by:(1)  suit;  or(2)  sale of the property assessed in the manner provided by law for sale of property for municipal ad valorem taxes.(c)  In a suit on an assessment for which a certificate has been issued, it is sufficient to allege the substance of the recitals in the certificate and that the recitals are true.  Additional allegations about the assessment proceedings are not necessary in the suit.(d)  In a suit to enforce an assessment, the only defenses are that:(1)  the notice of the hearing:(A)  was not mailed as required;(B)  was not published;  or(C)  did not contain the substance of a requirement prescribed for the notice;  or(2)  the assessment exceeded the amount of the estimate.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 313.055 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 313 - Street Improvements and Assessments in Certain Municipalities|Subchapter C. Assessments|Section 313.055. Chapter Not Affected by Statements or Actions of Municipal Officers or Employees

Sec. 313.055.  CHAPTER NOT AFFECTED BY STATEMENTS OR ACTIONS OF MUNICIPAL OFFICERS OR EMPLOYEES.  Nothing said or done by an employee or officer of a municipality, including a member of the governing body of the municipality, as shown in the municipality's written proceedings and other records, affects this chapter.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.001 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter A. General Provisions|Section 314.001. Applicability

Sec. 314.001.  APPLICABILITY.  This chapter applies only to a municipality with a population of more than 1,000.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.011 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter B. Authority to Purchase or Condemn Property|Section 314.011. Acquisition of Property for Highway Improvements by Municipality

Sec. 314.011.  ACQUISITION OF PROPERTY FOR HIGHWAY IMPROVEMENTS BY MUNICIPALITY.  (a)  The governing body of a municipality may purchase or condemn property to lay out, construct, improve, or extend any highway within its boundaries.(b)  Costs incurred in making improvements, including the costs of purchase or condemnation of or damage to property and the costs of making assessments or issuing certificates under this chapter, may be paid from any municipal fund available for that purpose.(c)  A municipality may sell property originally purchased for improvements but not used for the improvements on the terms it considers appropriate.  The proceeds from the sale shall be deposited in a fund that may be used only to pay for costs described by Subsection (b).(d)  In this section, "highway" includes any street, alley, public place, or square dedicated to public use.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.012 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter B. Authority to Purchase or Condemn Property|Section 314.012. Resolution

Sec. 314.012.  RESOLUTION.  (a)  A governing body that determines to proceed under this chapter shall declare its determination by resolution that may:(1)  state the nature, extent, and limits of the improvement to be made;  and(2)  describe the real property proposed to be condemned by:(A)  the lot or block number;(B)  the number of front feet;(C)  the name of the owner;  or(D)  any other description that substantially identifies the property.(b)  A mistake or omission in the resolution does not invalidate it.(c)  Passage of the resolution is conclusive evidence of the public use and necessity of the proposed improvement.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.013 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter B. Authority to Purchase or Condemn Property|Section 314.013. Survey

Sec. 314.013.  SURVEY.  (a)  On passage of the resolution, the municipal engineer or engineer designated by the governing body shall prepare and submit to the governing body:(1)  a plat showing:(A)  the nature and limits of the proposed improvements;(B)  the location of the proposed improvements;  and(C)  the property through which the improvements are to be extended and that is to be condemned for the improvements;  and(2)  a written estimate of the total cost of:(A)  the improvements;  and(B)  each parcel of property to be condemned.(b)  The governing body shall examine the plat and report and correct any errors.  An error or omission does not invalidate the plat or report or a subsequent proceeding held under the plat or report.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.021 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter C. Procedure|Section 314.021. Appointment of Condemnation Commission

Sec. 314.021.  APPOINTMENT OF CONDEMNATION COMMISSION.  (a)  In addition to qualifying under Section 21.014(a), Property Code, a member of a condemnation commission must be a qualified voter.(b)  If a commissioner dies, becomes disabled, refuses to act, becomes incapacitated, or is absent for more than 30 days from the county, the judge shall promptly, in term time or vacation, appoint a new commissioner having the qualifications prescribed by Subsection (a).  An action of the commission taken before the vacancy is valid.  After the vacancy is filled, the commission shall proceed and take all actions provided by this chapter as if a vacancy had not occurred.(c)  A commissioner is entitled to receive as compensation not more than $10 for each day the commissioner is employed in the performance of the commissioner's duties.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.022 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter C. Procedure|Section 314.022. Notice of Condemnation

Sec. 314.022.  NOTICE OF CONDEMNATION.  (a)  The commission or the clerk, secretary, or recording officer of a municipality shall give written notice of a hearing before the commission to:(1)  each owner of property proposed to be condemned or damaged;  and(2)  each person with an interest in or lien on the property.(b)  In addition to the requirements of Section 21.016(a), Property Code, the notice may contain:(1)  a brief statement of the nature and extent of the proposed improvement;  and(2)  a description of the property proposed to be condemned.(c)  The description provided by Subsection (b)(2) may be by:(1)  lot and block number;(2)  front feet;(3)  the name of each owner;  or(4)  any other description that substantially identifies the property.(d)  Notice of the hearing shall be given by publication for not less than three days in a newspaper of general circulation in the county in which the property is located beginning not later than the 10th day before the date of the hearing.(e)  Notice by publication is valid and binding on each owner or other person with an interest in or lien on the property if it generally notifies the person to appear and be heard without specifically designating the person by name.  An error in the name of a person to whom the notice is directed does not invalidate the notice.(f)  A copy of the notice shall be delivered to:(1)  each owner, lienholder, or interested party who is a resident of the county where the property is located;(2)  the agent or attorney of a person described by Paragraph (1);  or(3)  the guardian of the owner if the owner is a minor.(g)  The person serving the notice shall make a written return on the notice stating when and how the person served the notice.(h)  The governing body may provide for additional notice, but notice by publication is valid and binding regardless of whether any other notice is given.(i)  The governing body may provide for as many hearings in the course of condemnation proceedings as it determines necessary for whatever purposes it determines necessary.(j)  A notice and a return of a notice shall be filed with the municipality.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.023 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter C. Procedure|Section 314.023. Hearing on Condemnation

Sec. 314.023.  HEARING ON CONDEMNATION.  (a)  Each owner, lienholder, or other interested party is entitled to appear at the hearing in person or by agent and be heard regarding:(1)  the value of the property proposed to be condemned;(2)  the damages to property not condemned resulting from the improvement;(3)  the legality of the proceedings;  or(4)  any right of the owner or other party.(b)  An objection must be in writing and filed with the commission.(c)  The commission may not close the hearing until all interested parties appearing have been heard.  At the conclusion of the hearing, the commission shall:(1)  determine the damages due the owners, lienholders, or other interested parties for property taken or damaged;(2)  apportion the damages determined under Subdivision (1) among the owners, lienholders, or other interested parties;(3)  date and sign two copies of a written report;  and(4)  file one copy of the report with the clerk, secretary, or recording officer of the municipality and the second copy with the clerk of the court that appointed the commission.(d)  The governing body may record in its minutes the following items relating to a condemnation proceeding:(1)  proceedings of the governing body;(2)  notices issued and returns of the notices;(3)  orders, reports, and other proceedings of the commission;  and(4)  certified copies of all orders or proceedings of a court.(e)  A record made under Subsection (d) or a certified copy of the record is prima facie evidence of the facts in the record.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.024 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter C. Procedure|Section 314.024. Objections

Sec. 314.024.  OBJECTIONS.  (a)  Not later than the 10th day after the date the commission files a report under Section 314.023 with the court, a party affected by the decision of the commission may file with the court an objection to the decision.(b)  If an objection is not timely filed:(1)  the determinations of the commission become final and binding on the parties and their heirs, successors, and assigns and may not subsequently be questioned in any proceeding;  and(2)  the judge shall enter the report in the records of the court and adopt the report as the court's.(c)  The judge may issue process as necessary to enforce a judgment under Subsection (b)(2).|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.025 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter C. Procedure|Section 314.025. Law Applicable

Sec. 314.025.  LAW APPLICABLE.  Except as otherwise provided by this chapter, Chapter 21, Property Code, applies to proceedings under this chapter.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.026 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter C. Procedure|Section 314.026. Errors

Sec. 314.026.  ERRORS.  The governing body, the condemnation commission, and the judge before whom a condemnation proceeding is pending shall take all appropriate actions to correct any error or invalidity in the proceeding.  An error or omission in a proceeding does not invalidate the proceeding, but a proceeding may be corrected, repeated, or adjourned until the correction is made or omission supplied.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.041 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter D. Assessments|Section 314.041. Assessments

Sec. 314.041.  ASSESSMENTS.  (a)  Except as provided by this section, the governing body may by resolution order an assessment to pay all or part of the costs of making an improvement as described by Section 314.011(b), with reasonable attorney's fees and the costs incurred in making the assessment, against the owner and property if the property is:(1)  adjacent to or in the vicinity of an improvement;  and(2)  specially benefited by the improvement.(b)  In its resolution, the governing body may designate:(1)  the property to be assessed;  or(2)  a district containing property to be assessed.(c)  The governing body may apportion the costs of the assessment among the owners of the property assessed.(d)  In making an assessment, the governing body may not include the cost of property purchased but not actually used for making the improvement.(e)  An assessment may not be made against:(1)  property or its owner in excess of the special benefit to the property in the enhanced value of the property resulting from the improvement;  or(2)  property that is exempt from execution.(f)  The owner of property exempt from assessment under Subsection (e)(2):(1)  shall be assessed an amount equal to the amount the assessment would have been if the property were not exempt;  and(2)  is personally liable for the assessment.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 314.042 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle E - Municipal Streets|Chapter 314 - Purchase or Condemnation of Property for Highways by Certain Municipalities|Subchapter D. Assessments|Section 314.042. Notice to Owner of Assessment

Sec. 314.042.  NOTICE TO OWNER OF ASSESSMENT.  (a)  An assessment may not be made against the property benefited or the owners of the property until after the owners, lienholders, and other interested parties are given a reasonable opportunity to be heard before the governing body or before the commission as provided by Section 314.047.(b)  The governing body or commission shall publish three times before the hearing reasonable notice of the hearing in a newspaper of general circulation in the municipality beginning not later than the 10th day before the date of the hearing.(c)  If an owner is a railway or street railway, the governing body or commission shall also give, not later than the 10th day before the date of the hearing, written notice:(1)  in person to the owner's local agent;  or(2)  by mailing the notice through the post office in the municipality to the address of the office of the railway or street railway as it appears on the most recent tax roll of the municipality.(d)  The name of an owner, lienholder, or other interested party need not be specifically set out in the notice required by Subsection (b) or (c), but the real property proposed to be assessed shall be briefly described in the notice by:(1)  lot and block;(2)  number;(3)  front feet;(4)  reference to a plat, report, or record filed in connection with the proceedings;  or(5)  any other description reasonably identifying the property.(e)  The governing body or commission may give notice in addition to the notice required by Subsections (b) and (c), but the notice required by those subsections is sufficient.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|