CHAPTER 261. COUNTY RIGHT OF EMINENT DOMAIN - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY

SUBTITLE B. COUNTY ACQUISITION, SALE, OR LEASE OF PROPERTY

CHAPTER 261. COUNTY RIGHT OF EMINENT DOMAIN

Sec. 261.001. RIGHT OF EMINENT DOMAIN. (a) A county may

exercise the right of eminent domain to condemn and acquire land,

an easement in land, or a right-of-way if the acquisition is

necessary for the construction of a jail, courthouse, hospital,

or library, or for another public purpose authorized by law.

(b) The right of eminent domain conferred by this section

extends to public or private land, but not to land used for

cemetery purposes.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 261.002. PROCEDURE. The condemnation proceedings must be

instituted in the name of the county and under the direction of

the commissioners court.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 261.003. APPEAL. (a) An appeal from a finding and

assessment of damages made as prescribed by Chapter 21, Property

Code, does not suspend work by the county that relates to the

land the county seeks to acquire.

(b) A county is not required to give a bond in an appealed case.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.