Texas § LG.212.306 - CIVIL ACTION FOR RECEIVERSHIP

§ LG.212.306. CIVIL ACTION FOR RECEIVERSHIP

CIVIL ACTION FOR RECEIVERSHIP. (a) After a final determination that an undeveloped parcel of land is abandoned, unoccupied, and tax delinquent, the municipality shall bring a civil action to have the parcel placed in a receivership. On a final determination that an undeveloped parcel of land is abandoned, unoccupied, and tax delinquent as provided by this subchapter, an owner's or lienholder's rights and legal interests are extinguished, subject to the provisions of this subchapter regarding any net proceeds resulting from the disposition of the property, and transferred to the receiver. (b) The only allegations required to be pleaded in an action for receivership brought under this section are: (1) the identification of the applicable parcel of land; (2) the relationship of the defendant to the real property; (3) the notice of the administrative hearing given to the owner; and (4) the administrative determination that the parcel of land is abandoned, unoccupied, and tax delinquent. (c) The court may appoint as receiver any person with a demonstrated record of knowledge of the problems created by undeveloped parcels of land described by this section. In selecting a receiver, the court may also take into consideration whether the person owns property in the affected area. The court may not appoint as a receiver the municipality, an official or employee of the municipality, a relative of an official or employee of the municipality within the third degree of consanguinity or affinity, or a person who may directly benefit from an administrative action taken as a receiver. (d) In a civil action under this subchapter, the record owners and any lienholders of record of the land subject to the action shall be served with personal notice of the proceedings as provided by the Texas Rules of Civil Procedure. Service on the record owners or lienholders constitutes notice to all unrecorded owners or lienholders. Added by Acts 2025, 89th Leg., R.S., Ch. 1007 (S.B. 1579 ), Sec. 1, eff. September 1, 2025.