Special District Local Laws Code § 6601.103

Sec. 6601.103. EMINENT DOMAIN. (a) Not by way of limitation, the district may exercise the right of eminent domain to acquire the right-of-way over and through private land, except property used for cemetery purposes, as the board determines necessary for making the district's canals, drains, ditches, levees, and other improvements and the necessary outlets for those improvements. The power of eminent domain is limited to Brazoria County. (b) Right-of-way in a municipality may not be condemned without the consent of the governing body of the municipality. (c) The proceedings shall be in the name of the district and under the direction of its board. (d) An appeal of the findings and damage assessment by the special commissioners does not suspend the work of the directors in prosecuting the work in all of its details. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.