Austin City Code § 2-12-1 USE OF EMINENT DOMAIN POWER.
§ 2-12-1 - USE OF EMINENT DOMAIN POWER.
(A) In this section, ECONOMIC DEVELOPMENT means an activity to increase tax revenue, the tax base, employment, or general economic health.
(B) Except as otherwise provided in this section, the City shall not use the power of eminent domain to acquire private real property primarily for the purpose of economic development, without the consent of the property owner.
(C) Subsection (B) does not limit the City's use of eminent domain power for any of the following public purpose projects:
(1) a transportation project, including a railroad, airport, transit facility, public road or highway, parking lot or garage, sidewalk, bus turn-in, or trail;
(2) a water supply, wastewater, flood control, water quality, drainage, water detention, stream bank stabilization, electric power, district cooling, combined heat and power, thermal energy storage, or telecommunication project;
(3) a project related to annexation;
(4) environmental remediation;
(5) the provision of utility service;
(6) a public facility, including a library, office, vehicular storage or maintenance, hospital, convention center, or recreational facility;
(7) a park or park facility;
(8) a common carrier or energy transporter;
(9) noise mitigation;
(10) clearing a land title;
(11) urban renewal or revitalization;
(12) a housing project;
(13) a project authorized or required by state or federal law;
(14) acquiring an interest in property owned by a governmental entity;
(15) acquiring abandoned property; or
(16) a project to remove:
(a) a harmful use;
(b) a nuisance; or
(c) a structure that is unfit for human habitation or use.
(D) Subsection (B) does not affect the City's right to alienate property.
(E) This section does not create a cause of action against the City, a council member, or a City official, employee, agent, or contractor.
Source: Ord. 20050901-040.