Could the Fort Worth Transportation Authority condemn land, including a station or terminal site, without Fort Worth City Council approval?
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This page answers the general question as of 1983. Ezel answers yours: what it means for your facts, under current Texas law, with citations.
Texas AG Opinion JM-86: Fort Worth Transit Eminent Domain Approval
Plain-English summary
JM-86 concluded that the Fort Worth Transportation Authority could not exercise eminent domain without approval from the Fort Worth City Council. The same approval requirement applied when the authority sought land for a station or terminal complex.
"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."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf
The conclusion rested on several parts of article 1118y. Sections 10(g) and 10(h) required council approval before the authority acquired land through eminent domain, while section 14(d) required council approval for a station or terminal location within a city's limits or extraterritorial jurisdiction.
"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."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf"Section 14(d) requires an authority to obtain approval of a city council for the location of a station or terminal complex within the city limits or extraterritorial jurisdiction of a city."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf
Fort Worth comprised the authority's entire jurisdiction, so every proposed condemnation described in the request fell within the council-approval requirement.
"You have advised us that the city of Fort Worth comprises the entire area within the jurisdiction of the Fort Worth Transportation Authority."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf"Hence, it is clear that in order for the authority to exercise the power of eminent domain to acquire land for a station or terminal complex or for other purposes, it must have the approval of the Fort Worth City Council."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf
Currency note
This opinion was issued in 1983. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
Could voter approval of the authority and its sales-and-use tax eliminate the need for City Council approval?
No. JM-86 answered the question on the stated assumption that voters confirmed both creation of the authority and the proposed tax, and it still concluded that City Council approval was required.
"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?"
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf"It is apparent to us that the authority is not empowered to exercise the power of eminent domain generally . . . without the approval of the City Council of the city of Fort Worth."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf
Did the rule apply specifically to land for a station or terminal complex?
Yes. The opinion said the authority needed council approval to condemn land for that purpose.
"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?"
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf"[I]n order for the authority to exercise the power of eminent domain to acquire land for a station or terminal complex or for other purposes, it must have the approval of the Fort Worth City Council."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf
What did section 10(e) require when city property or facilities were affected?
It required city-council consent before the authority changed, altered, or damaged city property or facilities, including streets, alleys, roads, and pipelines.
"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."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf
Was executive-committee approval of a comprehensive service plan enough for a station location?
No. Section 14(c) addressed designation of the station or terminal complex within the authority's service plan, while section 14(d) separately required city-council approval of its location.
"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."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf"Section 14(d) requires an authority to obtain approval of a city council for the location of a station or terminal complex within the city limits or extraterritorial jurisdiction of a city."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf
Background and statutory framework
Speaker Gibson D. Lewis asked two narrow questions about eminent-domain authority under article 1118y, V.T.C.S. Both questions concerned whether voter confirmation of the authority and its sales-and-use tax would allow condemnation without Fort Worth City Council approval.
"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."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf
The opinion identified three distinct approval provisions. Section 10(e) protected city property and facilities, sections 10(g) and 10(h) governed acquisition by eminent domain, and section 14(d) governed station or terminal locations.
"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."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf"Section 14(d) requires an authority to obtain approval of a city council for the location of a station or terminal complex within the city limits or extraterritorial jurisdiction of a city."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf
Holding
"[I]n order for the authority to exercise the power of eminent domain to acquire land for a station or terminal complex or for other purposes, it must have the approval of the Fort Worth City Council."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf
Citations and references
Transit-authority statute quoted or discussed by JM-86:
- "article 1118y, V.T.C.S." Official PDF
- "Section 10(e)" Official PDF
- "Sections 10(g) and 10(h)" Official PDF
- "Section 14(c)" Official PDF
- "Section 14(d)" Official PDF
Source
- Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0086
- Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0086.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.
The Attorney General of Texas
JIM MATTOX
Attorney General
November 3, 1983
Honorable Gibson D. Lewis
Speaker
Texas House of Representatives
P. O. Box 2910
Austin, Texas 78769
Opinion No. JM-86
Re: Eminent domain powers of the Fort Worth Regional Transportation Authority
Dear 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 approval of a city council for the location of a station or terminal complex within the city limits or extraterritorial jurisdiction of a city.
You have advised us that the city of Fort Worth comprises the entire area within the jurisdiction of the Fort Worth Transportation Authority. Hence, it is clear that in order for the authority to exercise the power of eminent domain to acquire land for a station or terminal complex or for other purposes, it must have the approval of the Fort Worth City Council.
SUMMARY
Very truly yours,
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Colin Carl
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Jon Bible
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton
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