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Texas Statutes (Last Updated: January 4, 2014) |
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TRANSPORTATION CODE |
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Title 6. ROADWAYS |
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Subtitle E. MUNICIPAL STREETS |
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Chapter 317. ELIMINATION OF GRADE-LEVEL STREET CROSSINGS BY RAILROAD LINES IN MUNICIPALITIES WITH POPULATION OF MORE THAN 100,000 |
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Subchapter A. GENERAL PROVISIONS |
Sec. 317.007. EMINENT DOMAIN
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(a) A municipality may exercise the power of eminent domain to acquire the fee simple title to, an easement in, or a right-of-way over or through any property, including water or land under water, that the governing body of the municipality determines necessary to accomplish a purpose provided by Section 317.003.
(b) A municipality may not condemn property under Subsection (a) if the property is used for cemetery purposes.
(c) A municipality shall pay adequate compensation to the owner of property that is taken, damaged, or destroyed in the accomplishment of a purpose provided by Section 317.003.
(d) A municipality may pay compensation and damages adjudicated in a condemnation proceeding or damage to the property of a person in the accomplishment of a purpose provided by Section 317.003 from:
(1) the proceeds of tax or revenue bonds issued under this chapter; or
(2) other available municipal money.
(e) Chapter 21, Property Code, governs the procedure for the exercise of the power of eminent domain under this section.