Sec. 7803.103. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain in Dallas County to acquire the fee simple title to or an easement or right-of-way to, over, or through any private or public land, water, or land under water that is in the district, borders the district, is adjacent or opposite to the district, or is outside of the district if the property has a direct effect on the accomplishment of the purposes for which the district is created and is necessary for making, constructing, and maintaining all levees and other improvements for the improvement of rivers, creeks, streams, or drainage courses in the district or bordering the district to prevent the overflow of water.
(b) The district may not exercise the power of eminent domain under Subsection (a) to acquire land or other property that is used for cemetery purposes.
(c) The district shall pay adequate compensation to the owner of property that is taken, damaged, or destroyed for the purposes described by Subsection (a).
(d) A condemnation proceeding must be brought in the name of the district.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.
Structure Texas Statutes
Special District Local Laws Code
Title 6 - Water and Wastewater
Subtitle E - Levee Improvement Districts
Chapter 7803 - Irving Flood Control District Section I
Subchapter C. Powers and Duties
Section 7803.101. Levee Improvement District Powers
Section 7803.102. Annexation of Land
Section 7803.103. Eminent Domain
Section 7803.104. Cost of Relocating or Altering Property
Section 7803.105. Contracts for Facilities and Improvements; Election Not Required
Section 7803.106. Contracts Over $25,000
Section 7803.107. Construction Contracts: Execution and Availability
Section 7803.108. Construction Contracts: Payment
Section 7803.109. Flood Hazard Areas
Section 7803.110. Setback Lines: Resolution, Notice, and Hearing
Section 7803.111. Setback Lines: Effect on Landowners