Sec. 51.759. EXCLUSION OF CERTAIN NONIRRIGATED LAND. (a) If a district is principally engaged in providing water for agricultural irrigation or the primary purpose of the district is to provide water for agricultural irrigation, by complying with Sections 51.760 through 51.766, the board may exclude from the district land that is not being irrigated because:
(1) the land is not irrigable;
(2) the owners of a majority of the acreage of the land no longer intend to irrigate the land;
(3) the land has been subdivided into town lots, town lots and blocks, or small parcels having the same general nature of town lots, including lots and blocks designed, intended, or suitable for a residential, commercial, or other nonagricultural purpose; or
(4) the land is located on subdivided land and is:
(A) designated as a street, alley, parkway, or park; or
(B) a railroad property or right-of-way.
(b) Land described by Subsection (a) may be excluded regardless of whether:
(1) the land is within or near municipal boundaries; or
(2) a plat or map of the land has been filed for record in the office of the county clerk of the county in which any part of the land is located.
(c) The board may not exclude land described by Subsection (a) if the land has been used for an agricultural purpose within the year preceding the date of the hearing held under Section 51.761.
Added by Acts 1995, 74th Leg., ch. 42, Sec. 1, eff. Aug. 28, 1995.
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