2007.001
This chapter may be cited as the Private Real Property Rights Preservation Act. Added by Acts 1995, 74th Leg., ch. 517, § 1, eff. Sept. 1, 1995.
2007.002
In this chapter: (1) “Governmental entity” means: (A) a board, commission, council, department, or other agency in the executive branch of state government that is created by constitution or statute, including an institution of higher education as defined by Section 61.003, Education Code; or (B) a political subdivision of this state. (2) “Owner” means a […]
2007.003
(a) This chapter applies only to the following governmental actions: (1) the adoption or issuance of an ordinance, rule, regulatory requirement, resolution, policy, guideline, or similar measure; (2) an action that imposes a physical invasion or requires a dedication or exaction of private real property; (3) an action by a municipality that has effect in […]
2007.004
(a) Sovereign immunity to suit and liability is waived and abolished to the extent of liability created by this chapter. (b) This section does not authorize a person to execute a judgment against property of the state or a governmental entity. Added by Acts 1995, 74th Leg., ch. 517, § 1, eff. Sept. 1, 1995.
2007.005
Chapter 154, Civil Practice and Remedies Code, applies to a suit filed under this chapter. Added by Acts 1995, 74th Leg., ch. 517, § 1, eff. Sept. 1, 1995.
2007.006
(a) The provisions of this chapter are not exclusive. The remedies provided by this chapter are in addition to other procedures or remedies provided by law. (b) A person may not recover under this chapter and also recover under another law or in an action at common law for the same economic loss. Added by […]
2007.021
(a) A private real property owner may bring suit under this subchapter to determine whether the governmental action of a political subdivision results in a taking under this chapter. A suit under this subchapter must be filed in a district court in the county in which the private real property owner’s affected property is located. […]
2007.022
(a) A private real property owner may file a contested case with a state agency to determine whether a governmental action of the state agency results in a taking under this chapter. (b) A contested case must be filed with the agency not later than the 180th day after the date the private real property […]
2007.023
(a) Whether a governmental action results in a taking is a question of fact. (b) If the trier of fact in a suit or contested case filed under this subchapter finds that the governmental action is a taking under this chapter, the private real property owner is only entitled to, and the governmental entity is […]
2007.024
(a) The court’s judgment in favor of a private real property owner under Section 2007.021 or a final decision or order issued under Section 2007.022 that determines that a taking has occurred shall order the governmental entity to rescind the governmental action, or the part of the governmental action resulting in the taking, as applied […]