Sec. 7208.164. RIGHT OF EMINENT DOMAIN

(a) The district may acquire by eminent domain land, an easement, a right-of-way, or other property or improvement inside or outside the district if necessary or appropriate in exercising the powers and performing the functions of the district.

(b) The district may exercise the power of eminent domain as provided by state law, including Chapter 21, Property Code, except that the district is not required to comply with Section 21.021(a), Property Code, during the pendency of the subject litigation.

(c) In a condemnation proceeding brought by the district, the district is not required to:

(1) pay in advance or give bond or other security for costs;

(2) give bond for the issuance of a temporary restraining order or a temporary injunction; or

(3) give bond for costs or supersedeas on an appeal or writ of error.

(d) The district may not exercise the power of eminent domain to acquire:

(1) property located in the existing corporate limits of a municipality that is located wholly or partly inside the district unless the governing body of the municipality in which the property is located consents by resolution to the acquisition of the property;

(2) property located outside the district to be used as a water supply reservoir unless the county in which the reservoir is to be located consents;

(3) property owned by a county, a municipality, an entity created by special act of the legislature under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, a political subdivision of the state, or an agency or instrumentality of a county or municipality; or

(4) a waterworks system or a wastewater system owned by a municipality, an entity created by special act of the legislature under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, a political subdivision of the state, a private party, or a nonprofit corporation.

Added by Acts 2007, 80th Leg., R.S., Ch. 920 , Sec. 1.07, eff. April 1, 2009.