Tex.
Water Code Section 51.761
Hearing, Notice, and Order of Exclusion
(a)
On the board’s motion or on receipt of a petition to exclude land, the board shall give notice and hold a hearing on the proposed exclusion.(b)
The board shall publish notice of the hearing in a newspaper of general circulation in the district once each week for two consecutive weeks. The first publication must appear at least 14 days before the date of the hearing.(c)
The notice must advise interested property owners in the district:(1)
of the right to offer evidence in support of or to contest the proposed exclusion;(2)
of the right to present a petition for exclusion under Sections 51.759 (Exclusion of Certain Nonirrigated Land) through 51.766 (Suit to Review Exclusion);(3)
of the date, time, and place of the hearing; and(4)
by a general description of the property proposed for exclusion.(d)
The board may adjourn the hearing from one day to another until the board hears every person who desires to be heard.(e)
The board shall specifically describe all property that it proposes to exclude on its own motion.(f)
In a hearing on exclusion of property on the board’s own motion, the board shall hear protests and evidence against the exclusion before the board hears any other evidence or matter.(g)
The board shall issue an order excluding the property if after considering evidence presented at the hearing the board finds that:(1)
the described property is eligible for exclusion under Section 51.759 (Exclusion of Certain Nonirrigated Land);(2)
if applicable, the written consent required by Section 51.762 (Consent of Debt Holders) has been filed;(3)
the owners of the property to be excluded do not object to the exclusion; and(4)
to exclude the property from the district is in the best interest of the district and of the property.
Source:
Section 51.761 — Hearing, Notice, and Order of Exclusion, https://statutes.capitol.texas.gov/Docs/WA/htm/WA.51.htm#51.761 (accessed Jun. 5, 2024).
