The Laws of Texas, 1934-1935 [Volume 29] Page: 99 of 2,086
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FORTY-THIRD LEGISLATURE-SECOND CALLED SESSION. 89
CERTAIN WATER DISTRICTS AUTHORIZED TO CONDEMN
LAND UNDER GENERAL CONDEMNATION
S. B. No. 12.] CHAPTER 37.
An Act to amend Article 3264, Revised Civil Statutes of 1925, by authorizing
irrigation districts, water improvement districts and water power
control districts to condemn land under the general condemnation statutes;
amending Article 3268, Revised Civil Statutes of 1925, as amended
by Chapter 37, General Laws, Fourth Called Session, Forty-first Legislature,
by authorizing irrigation districts, water improvement districts and
water power control districts to take possession of the property sought
to be condemned pending litigation after the award of the commissioners
without first depositing bond or sum of money; providing that if any
portion of this Act be held unconstitutional same shall not affect the
remaining portions; and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Section 1 of Article 3264, Title 52, Revised
Civil Statutes of 1925, be so amended as to hereafter read
"Section 1. When real estate is desired for public use by the
State or by a county, or a political subdivision of a county, or
by a city or town, or by the United States Government, or by
a corporation having the right of eminent domain, or by an
irrigation district, water improvement district, or a water
power control district created by authority of law, the party
desiring to condemn the property after having failed to agree
with the owner of the land on the amount of damages shall file
a statement in writing with the county judge of the county
in which the land or a part thereof is situated. It shall describe
the land sought to be condemned, state the purpose for
which it is intended to be used, the name of the owner, if
known, and that the plaintiff and the owner have been unable
to agree upon the value of the land or the damages. Where
the land lies in two or more counties, in one of which the owner
resides, the statement shall be filed in the county of the owner's
SEC. 2. That Section 2 of Article 3268, Revised Civil Statutes
of Texas of 1925, as amended by Chapter 37, General
Laws, Fourth Called Session, Forty-first Legislature, page 75,
be and the same is hereby amended to hereafter read as follows:
"Section 2. In addition thereto, it shall deposit in said Court
a further sum of money equal to the amount of the damages
awarded by the Commissioners, and which shall be held, together
with the award itself, should it be deposited in Court
instead of being paid, exclusively to secure all damages that
may be awarded or adjudged against the plaintiff; and it shall
also execute a bond with two or more good and solvent sureties,
to be approved by the Judge of the Court in which such condemnation
proceedings are pending, conditioned for the pay_-A-no
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1934-1935 [Volume 29], book, 1935; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth17292/m1/99/: accessed May 28, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .