Sec. 21.210. EMINENT DOMAIN; COST OF RELOCATING PROPERTY. (a) The district may exercise the power of eminent domain to acquire land for a purpose authorized by Section 21.205 if the board determines, after notice and hearing, that it is necessary.
(b) The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, but the district is not required to:
(1) deposit in the trial court money or a bond as provided by Section 21.021(a), Property Code;
(2) pay in advance or give bond or other security for costs in the trial court;
(3) give bond for the issuance of a temporary restraining order or a temporary injunction; or
(4) give bond for costs or supersedeas on an appeal or writ of error.
(c) If the district, in the exercise of the power of eminent domain, requires relocating, raising, lowering, rerouting, changing the grade of, or altering the construction of any railroad, highway, pipeline, or electric transmission and electric distribution, telegraph, or telephone lines, conduits, poles, or facilities, the district must bear the actual cost of relocating, raising, lowering, rerouting, changing the grade of, or altering the construction to provide comparable replacement without enhancement of facilities, after deducting the net salvage value derived from the old facility.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01, eff. April 1, 2009.
Section: Previous 21.203 21.204 21.205 21.206 21.207 21.208 21.209 21.210 21.211 21.212 21.213 21.214 21.251 21.252 21.253 NextLast modified: September 28, 2016