Special District Local Laws Code § 8509.0160

Sec. 8509.0160. EMINENT DOMAIN. (a) To carry out a power conferred by this chapter, the district may exercise the power of eminent domain to acquire: (1) the fee simple title to land and other property and easements inside the district, including land needed for a reservoir or dam or a flood easement above the probable high-water line around a reservoir; and (2) the fee simple title to land and other property and easements outside the district, except for land, other property, and easements to be used for a dam or facility for the impoundment or storage of water. (b) The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code. (c) The district is a municipal corporation for the purposes of Section 21.021, Property Code. (d) The district may not exercise the power of eminent domain to acquire property owned by any other political subdivision. (e) In exercising the power of eminent domain against a person that has the power of eminent domain or a receiver or trustee for that person, the district may acquire an easement only and not the fee title. (f) The board shall determine the amount of and the type of interest in land, other property, or easements to be acquired under this section. (g) The district's authority under this section to exercise the power of eminent domain expired on September 1, 2013, unless the district submitted a letter to the comptroller in accordance with Section 2206.101(b), Government Code, not later than December 31, 2012. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.03, eff. April 1, 2021.