Texas Special District Local Laws Code 5018.0105 – Acquisition of Property; Eminent Domain; Damages
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(a) In this section, “property” means property of any kind, including a lighter, a tug, a barge, and other floating equipment of any nature.
(b) If necessary or convenient to exercising a power, right, privilege, or function conferred on the district by this chapter, the district:
(1) by gift or purchase may acquire property or an interest in property that is inside or outside the district’s boundaries; or
(2) by exercising the power of eminent domain may acquire property or an interest in property that is inside the district’s boundaries.
Terms Used In Texas Special District Local Laws Code 5018.0105
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Trustee: A person or institution holding and administering property in trust.
(c) The district may exercise the power of eminent domain to acquire the fee simple title to or an easement or right-of-way over and through any land, water, or land under water, private or public, in the district that the board determines is necessary or convenient to carry out a purpose or power granted to the district by this chapter.
(d) The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, except that the district is not required to give bond for appeal or bond for costs in any judicial proceeding.
(e) In exercising the power of eminent domain against a person that has the power of eminent domain or a receiver or trustee for that person, the district may acquire an easement only and not the fee simple title.
(f) A condemnation proceeding is under the board’s direction and must be in the district’s name.
(g) Except as provided by Subsections (h) and (i), the assessment of damages and all procedures with reference to condemnation, appeal, and payment must conform to Chapter 21, Property Code.
(h) If the district’s exercise of a power granted by this chapter makes necessary the relocation of a railroad line or right-of-way, the district shall pay the cost of the relocation and any damage incurred in changing and adjusting the railroad lines and grades.
(i) The damages to the owner of public utilities and communication facilities and properties must include the actual loss, costs, and expenses incident to the removal and relocation of the facilities and properties, including:
(1) the costs of installing the facilities in a new location;
(2) the costs of any land or rights or interest in land; and
(3) any other property rights acquired to accomplish the removal and relocation.
(j) The district’s authority under this section to exercise the power of eminent domain expired on September 1, 2013, unless the district submitted a letter to the comptroller in accordance with Section 2206.101(b), Government Code, not later than December 31, 2012.