Texas Local Government Code 572.0585 – Eminent Domain in Certain Counties
(a) A public utility agency has the power of eminent domain to be exercised in the manner provided by this section. The public utility agency may acquire by condemnation, for the use and benefit of the agency, land, easements, and property inside the service area of the public utility agency, necessary for water, sanitary sewer, storm drainage, or flood drainage or control purposes or for any other of its projects or purposes. The public utility agency may elect to condemn either the fee simple title or a lesser property interest.
(b) The power of eminent domain shall be exercised in the manner provided in Chapter 21, Property Code, except that the public utility agency is not required to:
(1) give bond for appeal or bond for costs in any condemnation suit or other suit to which it is a party; or
(2) deposit more than the amount of any award in any suit.
Terms Used In Texas Local Government Code 572.0585
- 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.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(c) The power of eminent domain may not be used for the condemnation of land for the purpose of acquiring rights to underground water or of water or water rights.
(d) This section only applies to a public utility agency domiciled in a county with a population of more than 1.2 million.