Texas Codes

Tex. Transp. Code § 251.101 (2026)

Condemnation For County Road In Municipality

✓ current as of May 2026

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Sec. 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, 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.

Notes of Decisions

Cited in 5 cases, 2006–2008 · leading case: CenterPoint Energy Houston Elec. LLC v. Harris Cnty. Toll Road Auth., 436 F.3d 541 (5th Cir. 2006).

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CenterPoint Energy Houston Elec. LLC v. Harris Cnty. Toll Road Auth., 436 F.3d 541 (5th Cir. 2006). · cites it 3× “See Tex. TraNsp. Code Ann. §§ 251.101 , 251.102, Historical and Statutory Notes (2005).”

State v. Montgomery Cnty., 262 S.W.3d 439 (Tex. App. 2008). “” Tex. TRAnsp. Code Ann. § 251.101 (a) (Vernon 1999).”

Harris Cnty. Toll Road Auth. & Harris Cnty. v. Sw. Bell Tel., LP D/B/A SBC Texas, 263 S.W.3d 48 (Tex. App. 2006). · cites it 3× “” Tex. Transp. Code Ann. § 251.101 (Vernon 1999).”

HARRIS CTY TOLL RD. AUTH. v. Sw. Bell Tel., LP, 263 S.W.3d 48 (Tex. App. 2006). · cites it 3× “" TEX. TRANSP. CODE ANN. § 251.101 (Vernon 1999).”

State v. Montgomery Cnty., Texas (Tex. App. 2008). “" Tex. Transp. Code Ann. § 251.101 (a) (Vernon 1999).”

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