Texas Codes

Tex. Transp. Code § 284.061 (2026)

Acquisition Of Property

✓ current as of May 2026

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Sec. 284.061. ACQUISITION OF PROPERTY. (a) To acquire property useful in connection with a project, a county may enter on any real property, water, or premises to make a survey, sounding, or examination.

(b) A county may acquire by eminent domain property to use in or useful for a project under this chapter.

(c) Except as provided by Section 284.0615, if applicable, the county is entitled to immediate possession of property subject to a condemnation proceeding brought by the county after:

(1) a tender of a bond or other security in an amount sufficient to secure the owner for damages; and

(2) the approval of the bond or security by the court.

(d) Subject to the reimbursement requirements of Section 373.102, a county has full easements and rights-of-way through, across, under, and over any property owned by this state that are necessary or convenient to construct, acquire, or efficiently operate a project under this chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 5.05, eff. Jan. 11, 2004.

Amended by:

Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.52, eff. June 14, 2005.

Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 6, eff. June 17, 2011.

Notes of Decisions

Cited in 3 cases, 2008–2011 · leading case: State v. Montgomery Cnty., 338 S.W.3d 49 (Tex. App. 2011).

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State v. Montgomery Cnty., 338 S.W.3d 49 (Tex. App. 2011). · cites it 10× “” See Tex. Transp. Code Ann. § 284.061 (d) (West Supp.”

State v. Montgomery Cnty., 262 S.W.3d 439 (Tex. App. 2008). · cites it 3× “Tex. Transp. Code Ann. § 284.061 (b) (Vernon Supp.”

State v. Montgomery Cnty., Texas (Tex. App. 2008). · cites it 3× “Tex. Transp. Code Ann. § 284.061 (b) (Vernon Supp.”

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