CHAPTER 261. COUNTY RIGHT OF EMINENT DOMAIN
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.