§
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, § 1, eff. Sept.
1, 1987.
§ 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, § 1, eff. Sept.
1, 1987.
§ 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, § 1, eff. Sept.
1, 1987.
