Sec. 13.305. CONDEMNATION PROCEEDINGS. (a) The department may institute condemnation proceedings according to the laws of this state to acquire land for programs developing outdoor recreation resources under Section 13.302 of this code.
(b) Costs incurred in the exercise of eminent domain under this section for the relocation, raising, lowering, rerouting, or change in grade, or alteration in the construction of any electric transmission, telegraph, or telephone line, railroad, conduit, pole, property, facility, or pipeline are the sole expense of the department.
(c) "Sole expense" means the actual cost of the lowering, rerouting, or change in grade or alteration of construction in providing comparable replacement without enhancement of the facility, after deducting the net salvage value derived from the old facility.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
Structure Texas Statutes
Title 2 - Parks and Wildlife Department
Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas
Subchapter D. Participation in Federal Programs
Section 13.301. Programs for the Development of Historic Sites and Structures
Section 13.302. Programs for the Development of Outdoor Recreation Resources
Section 13.303. Cooperation With Other Agencies
Section 13.304. Additional Powers of Counties and Special Districts
Section 13.305. Condemnation Proceedings
Section 13.306. Application for Participation in Federal Programs
Section 13.307. Coordination of Activities
Section 13.308. Availability of State Funds
Section 13.309. Availability of Local Funds
Section 13.310. Receipt and Expenditure of Funds
Section 13.311. Project Priority