Sec. 4.05. EMINENT DOMAIN. (a) The district may acquire land within the district for the purposes authorized by Section 4.01(c) of this Act by condemnation if the board determines, after notice and hearing, that it is necessary.
(b) The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, but the district is not required to:
(1) deposit in the trial court money or a bond as provided by Section 21.021(a), Property Code;
(2) pay in advance or give bond or other security for costs in the trial court;
(3) give bond for the issuance of a temporary restraining order or a temporary injunction; or
(4) give bond for costs or supersedeas on an appeal or writ of error.
(c) If the district, in the exercise of the power of eminent domain, requires relocating, raising, lowering, rerouting, changing the grade, or altering the construction of any railroad, highway, pipeline, or electric transmission and electric distribution, telegraph or telephone lines, conduits, poles or facilities, the district must bear the actual cost of relocating, raising, lowering, rerouting, changing the grade, or altering the construction to provide comparable replacement without enhancement of facilities, after deducting the net salvage value derived from the old facility.
Structure Texas Statutes
Chapter 4A - Sanitation and Health Protection
Article 4477-7j. Gaines County Solid Waste Management Act
Article 4. District Powers and Duties
Section 4.01. General Powers and Duties
Section 4.02. Gifts, Grants, Loans, and Other Funds
Section 4.03. Consultation, Contracts, and Cooperation With Other Governmental Agencies and Entities
Section 4.04. Acquisition of Property
Section 4.06. Authority to Enter Into Construction, Renovation, and Repair Contracts
Section 4.07. Bids on Contracts
Section 4.08. Attachments to Contracts
Section 4.09. Execution and Availability of Contracts
Section 4.10. Contractor's Bond
Section 4.12. Payment for Work
Section 4.13. Contracts for Purchase of Vehicles, Equipment, and Supplies Over $15,000
Section 4.15. Right to Use Road Right-of-Way
Section 4.16. Fees and Charges
Section 4.17. Acquisition of Existing Facilities
Section 4.18. Solid Waste Resource Recovery Facilities
Section 4.19. Regulation of Solid Waste Management
Section 4.20. On-Site Sewage Disposal Systems