Sec. 7803.104. COST OF RELOCATING OR ALTERING PROPERTY. (a) In this section, "sole expense" means the actual cost of:
(1) relocating, raising, rerouting, changing the grade of, or altering the construction of a facility described by Subsection (b); and
(2) providing comparable replacement without enhancement of the facility, after deducting from that cost the net salvage value of the old facility.
(b) If the district's exercise of its power of eminent domain, power of relocation, or any other power makes necessary the relocation, raising, rerouting, changing the grade, or alteration of the construction of a highway, a railroad, an electric transmission line, a telephone or telegraph property or facility, or a pipeline, the necessary action shall be accomplished at the sole expense of the district unless the owner of the relocated or altered facility has a legal obligation to pay those expenses, in which event the necessary action shall be accomplished at the expense of the owner.
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