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Texas Transportation Code - Section 251.006. Obtaining Material For Public Roads

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 251.006. Obtaining Material For Public Roads

§ 251.006. OBTAINING MATERIAL FOR PUBLIC ROADS.  (a) The 
commissioners court of a county may condemn material necessary to 
construct, repair, or maintain public roads if the owner of the 
material rejects the price that the court determines to be a fair 
price.
	(b)  The commissioners court shall appoint commissioners to 
condemn the material.  A condemnation commissioner is entitled to a 
fee of $2 for each day of service.  The fee shall be paid on order of 
the commissioners court from the same fund from which payment for 
the materials is made.
	(c)  The condemnation commissioners shall hold a hearing to 
set a fair and reasonable value for the material according to the 
current method for pricing or valuing the material.  The 
compensation awarded by the condemnation commissioners for the 
material shall be paid to the owner of the material or deposited 
with the county treasurer to the owner's credit.  When the payment 
or deposit is made, the county has the right to enter on and use the 
material.
	(d)  If the owner of the material or the county is not 
satisfied with the compensation awarded, the owner or county may 
appeal the award in the manner provided for appeal of a condemnation 
case.
	(e)  Payment for material needed for the general system of 
county roads shall be made from the county road and bridge fund or 
from the proceeds of any county bond issue.  Payment for material to 
be used for the benefit of a defined district or political 
subdivision of the county shall be made from the district or 
subdivision's funds derived from the sale of bonds or the 
collection of special taxes.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

Last modified: August 10, 2007