Texas Attorney General Opinion: JM-86 Page: 1 of 2
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The Attorney General of Texas
JIM MATTOX
Attorney General
Supreme Court Building
P. O. Box 12548
Austin, TX. 78711- 2548
51 2475-2501
Telex 910/874-1367
Telecopier 512/475-0266
714 Jackson, Suite 700
Dallas, TX. 75202-4506
214/742-8944
4824 Alberta Ave., Suite 160
El Paso, TX. 79905-2793
9151533-3484
)01 Texas, Suite 700
,louston, TX. 77002-3111
713/223-5886
806 Broadway, Suite 312
Lubbock, TX. 79401-3479
806/747-5238
4309 N. Tenth, Suite B
McAllen, TX. 78501-1685
512/682-4547
200 Main Plaza, Suite 400
San Antonio, TX. 78205-2797
512/225-4191
An Equal Opportunity/
Affirmative Action EmployerNovember 3, 1983
Honorable Gibson D. Lewis
Speaker
Texas House of Representatives
P. 0. Box 2910
Austin, Texas 78769Opinion No. JM-86
Re: Eminent domain powers of
the Fort Worth Regional Trans-
portation AuthorityDear Speaker Lewis:
You have asked two narrow questions regarding the eminent domain
powers of the Fort Worth Transportation Authority [hereinafter "the
authority"] under article 1118y, V.T.C.S. We will limit our
discussion to those questions which are as follows:
(1) If the voters confirm creation of the
authority and levy of the proposed sales and use
tax, will the authority be empowered to exercise
the power of eminent domain without approval of
the City Council of the city of Fort Worth?
(2) If the voters confirm creation of the
authority and levy of the proposed sales and use
tax, will the authority be empowered to use the
power of eminent domain to acquire land for a
station or terminal complex without approval of
the City Council of the city of Fort Worth?
It is apparent to us that the authority is not empowered to exercise
the power of eminent domain generally or to acquire land for a station
or terminal complex without the approval of the City Council of the
city of Fort Worth.
Section 10(e) requires an authority to obtain the consent of a
city council before the authority may change, alter, or damage any
property or facilities of a city such as streets, alleys, roads, or
pipelines. Sections 10(g) and 10(h) require an authority to obtain
approval from a city council before the authority may acquire land
through exercise of the power of eminent domain. Section 14(c)
requires that an executive committee of an authority designate a
proposed station or terminal complex as part of a transportation
system within a comprehensive service plan approved by resolution of
the committee. Section 14(d) requires an authority to obtain approvalp. 364
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-86, text, November 3, 1983; (https://texashistory.unt.edu/ark:/67531/metapth272526/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.