Sec. 571.004. ACQUISITION OF PROPERTY; EMINENT DOMAIN. (a) The county or municipality may acquire property that is necessary for the establishment, construction, and maintenance of a seawall, breakwater, levee, floodway, or drainway.
(b) The county or municipality may exercise the right of eminent domain to condemn an interest in real property for the purposes described by Subsection (a). The county or municipality must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code.
(c) Before exercising the power of eminent domain under this section the commissioners court or municipal authority, by order, ordinance, or resolution entered in its minutes, shall define and describe the real property to be acquired and shall determine whether an easement or fee simple interest in the real property is to be taken.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 421.004 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(c)(1), eff. April 1, 2009.
Structure Texas Statutes
Title 13 - Water and Utilities
Subtitle C - Water Provisions Applying to More Than One Type of Local Government
Chapter 571 - Seawalls and Levees in Coastal Municipalities and Counties
Subchapter A. Authority of County or Municipality Bordering Gulf
Section 571.001. Applicability of Subchapter
Section 571.002. Authorized Projects; Debt
Section 571.003. Use of Public Property
Section 571.004. Acquisition of Property; Eminent Domain
Section 571.005. Cession of Use and Control of State Land
Section 571.007. Prerequisites for Issuing Bonds; Election
Section 571.008. Election Results
Section 571.009. General Law Applicable to Bonds
Section 571.010. Handling of Bond Proceeds and Taxes
Section 571.011. Cooperation and Contracts With United States