The Laws of Texas, 1931-1933 [Volume 28] Page: 199 of 2,111
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FORTY-SECOND LEGISLATURE-SECOND CALLED SESSION. 67
or by reason of loss of lease or bonus, consideration, or loss
from any other reason whatsoever. The Court in considering
the amount of the bond shall take into consideration the probable
and possible loss to the State by reason of granting of any
such injunction. Such bond shall be made payable to the then
Governor of the State of Texas and his successors in office, and
recovery for loss to the State occasioned by said action may
be had in a suit on such bond brought by the Attorney General.
Any bond made or executed by any bonding or surety company
as surety shall be by some bonding or surety company authorized
to do business in Texas.
Subsection 13. Either party to said suit has the right of
appeal from the final judgment therein and said appeal shall
at once be returnable to the appellate Court and said action so
appealed shall have precedence in said appellate Court over all
cases, proceedings and causes of a different character therein
pending. In the Court of Civil Appeals such Court shall immediately
and at as early a date as possible decide the questions
involved therein; and in the event any question or questions shall
be certified to the Supreme Court, or writ of error thereto be
requested or granted, it is here made the duty of the Supreme
Court to immediately set down said cause for hearing and decide
the cause at as early a date as possible, and such cause shall
have precedence over all other cases, proceedings and causes
of a different character in such court. All laws and parts of
Laws in conflict with the provisions of this Section are hereby
repealed.
Subsection 14. The Board, or any person or corporation holding
a contract with said Board for the development of oil and/or
gas resources is hereby granted the right of Eminent Domain
and Condemnation as provided by the General Laws of this
State for the following purposes;
(1) Of securing such additional adjoining lands as may be
necessary for erection of power machinery, and construction of
storage tanks and slush pits in the operation of said channel
or river development and to prevent or lessen the dangers of
pollution involved in the drilling of any well in any such river
beds or channels.
(2) For the purpose of securing a right of way to and from
any well which may be drilled in said river beds or channels
so as to enable the Board or any of its contract or lease holders
to go to and from said wells and to transport any materials
necessary in the development of said river beds or channels and
to transport oil and/or gas away from any wells.
In determining the measure of damages in such condemnation
proceeding the Commissioners shall not take into consideration
the value of the oil or gas lying under said rights of
way and other condemned properties excepting that it be first
conclusively established that the granting of such right of way
will materially interfere with the development of said oil or
gas alleged to be under said condemned tracts of land.
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1931-1933 [Volume 28], book, 1933; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth17293/m1/199/: accessed March 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .