Sec. 325.037. EMINENT DOMAIN. (a) The district may acquire land for a sports facility by condemnation if the board determines, after notice and hearing, that it is necessary.
(b) The right of eminent domain must be exercised 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 a condemnation suit or other suit to which it is a party and is not required to deposit double the amount of any award in any suit.
(c) If the district, in the exercise of the power of eminent domain, makes necessary the relocation, raising, lowering, rerouting, or changing in grade, or alteration of the construction of any highway, railroad, electric transmission or distribution line, telephone or telegraph properties and facilities, or pipeline, all necessary relocations, raising, lowering, rerouting, changing in grade, or alteration of construction shall be accomplished at the sole expense of the district. "Sole expense" means the actual cost of relocation, raising, lowering, rerouting, or changing in grade, or alteration of construction to provide comparable replacement without enhancement of facilities, after deducting the net salvage value derived from the old facility.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
Structure Texas Statutes
Title 10 - Parks and Other Recreational and Cultural Resources
Subtitle B - County Parks and Other Recreational and Cultural Resources
Chapter 325 - Sports Facility District Established by County
Subchapter C. Powers and Duties
Section 325.031. General Powers
Section 325.034. Suits; Payment of Judgments
Section 325.036. Acquisition of Property for Site
Section 325.037. Eminent Domain
Section 325.038. District to Enter Into Construction Contracts
Section 325.039. Bids on Contracts for Construction
Section 325.040. Change Orders
Section 325.041. Attachments to Construction Contracts
Section 325.042. Execution and Availability of Construction Contracts
Section 325.043. Contractor's Bond
Section 325.044. Monitoring Construction Work
Section 325.045. Payment for Construction Work
Section 325.046. Contracts for Purchase of Vehicles, Equipment, and Supplies Over $5,000