Tex. Transp. Code Section 251.101
Condemnation for County Road in Municipality

(a)

A county may exercise the power of eminent domain in a municipality with the prior consent of the governing body of the municipality to condemn and acquire real property, a right-of-way, or an easement in public or private real property that the commissioners court determines is necessary or convenient to any road that forms or will form a connecting link in the county road system or in a state highway.

(b)

This section does not authorize the condemnation of property used for cemetery purposes.

(c)

A condemnation proceeding under this section must be instituted under the direction of the commissioners court and in the name of the county. The procedure established by Chapter 21 (Eminent Domain), Property Code, governs condemnation under this section.

(d)

An appeal from the finding and assessment of damages by the condemnation commissioners may not suspend work by the county in connection with which the real property, right-of-way, or easement is sought to be acquired. In an appeal, the county is not required to give a bond for costs or other purposes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Source: Section 251.101 — Condemnation for County Road in Municipality, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­251.­htm#251.­101 (accessed May 25, 2024).

251.001
Definitions 251.002
Public Roads 251.003
Construction and Maintenance of Public Roads 251.004
Commissioners as Road Supervisors 251.006
Obtaining Material for Public Roads 251.007
Classification of County Roads 251.008
General Requirements for County Roads 251.009
Construction of Cattle Guards on County Roads 251.010
Gates on Third-class and Neighborhood Roads 251.011
Detour Roads 251.012
County Authority in Municipality 251.013
Road Names and Address Numbers 251.014
County Improvement of State Highway 251.015
Assisting Other Governmental Entity 251.016
General County Authority over Roads, Highways, and Bridges 251.017
County Authority to Set Fee 251.019
Donations 251.051
General Authority of Commissioners Court 251.052
Public Application for New Road or Road Change 251.053
Neighborhood Roads 251.055
Extending Farm-to-market Road in Adjoining County 251.056
Roads Across Public Real Property 251.057
Abandonment of County Road 251.058
Closing, Abandoning, and Vacating Public Road 251.059
Maintaining Established County Roads 251.081
General Authority to Erect and Maintain Bridges 251.082
Erection of Joint County Bridges 251.083
Erecting and Maintaining Bridge in Municipality 251.0095
Replacement and Repair of Existing Cattle Guards on County Roads 251.0096
Removal of Cattle Guards from County Roads 251.101
Condemnation for County Road in Municipality 251.102
Cost of Relocating or Adjusting Utility Facility 251.103
Relocating Water Line 251.151
Authority of Commissioners Court to Regulate Certain Roads 251.152
Public Hearing Required 251.153
Load Limits on County Roads and Bridges 251.154
Maximum Reasonable and Prudent Speeds on County Roads 251.155
Restricted Traffic Zones 251.156
Parking Restrictions 251.157
Prohibiting or Restricting Use of Road 251.158
Temporary Use of County Road for Festival or Civic Event 251.159
Delegation of Commissioners’ Authority 251.160
Liability of Owner or Operator for Road Damage 251.161
Violations of Subchapter 251.0165
Control of Access Within Certain Counties 251.1575
Prohibiting Use of Road for Certain Vehicles
Green check means up to date. Up to date

Accessed:
May 25, 2024

§ 251.101’s source at texas​.gov