Tex. Spec. Dist. Local Laws Code Section 11002.107
Limitation on Use of Eminent Domain

(a)

The district may not exercise the power of eminent domain outside the district to acquire a site or easement for:

(1)

a road project authorized by Section 11002.104 (Authority for Road Projects); or

(2)

a recreational facility as defined by Section 49.462 (Definitions), Water Code.

(b)

If the district’s exercise of its eminent domain power requires relocating, raising, lowering, rerouting, or altering the construction of any electric transmission or electric distribution line, conduit, pole, or facility, the district must bear the actual cost of relocating, raising, lowering, rerouting, or altering the construction of any electric transmission or electric distribution line to provide a comparable replacement without enhancing the facility, after deducting from the cost the net salvage value derived from the old facility.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.

Source: Section 11002.107 — Limitation on Use of Eminent Domain, https://statutes.capitol.texas.gov/Docs/SD/htm/SD.11002.htm#11002.107 (accessed Apr. 29, 2024).

11002.001
Definitions 11002.002
Nature of District 11002.003
Confirmation and Directors’ Election Required 11002.004
Findings of Public Purpose and Benefit 11002.005
Initial District Territory 11002.051
Governing Body 11002.052
Temporary Directors 11002.101
General Powers and Duties 11002.102
Municipal Utility District Powers and Duties 11002.103
Improvement Projects and Services 11002.104
Authority for Road Projects 11002.105
Approval of Road Project 11002.106
Compliance with Municipal Consent Ordinance or Resolution 11002.107
Limitation on Use of Eminent Domain 11002.108
Electric Power Facilities 11002.109
Airport 11002.110
Exercise of Powers of Development Corporation 11002.111
Division of District 11002.112
Groundwater Regulation 11002.113
Retail Electric Utility Services Prohibited 11002.151
Definition 11002.152
Transfer of Certain Improvements Required 11002.153
Construction Standards 11002.154
Partial Transfer in Stages 11002.155
Transfer Without Debt Required 11002.156
Ownership and Responsibility After Transfer 11002.157
Effect of Conveyance on District Debt 11002.201
Elections Regarding Taxes or Bonds 11002.202
Operation and Maintenance Tax 11002.203
Contract Taxes 11002.204
Sales and Use Tax 11002.205
Assessments 11002.206
Electric Utility Property Exempt from Impact Fees and Assessments 11002.251
Authority to Issue Bonds and Other Obligations 11002.252
Taxes for Bonds 11002.253
Bonds for Road Projects

Accessed:
Apr. 29, 2024

§ 11002.107’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._spec._dist._local_laws_code_section_11002.107

Original Source: Section 11002.107 — Limitation on Use of Eminent Domain, https://statutes.capitol.texas.gov/Docs/SD/htm/SD.11002.htm#11002.107 (last accessed Apr. 29, 2024).