(a) A municipality may exercise the power of eminent domain to acquire the fee simple title to, an easement in, or a right-of-way over or through any property, including water or land under water, that the governing body of the municipality determines necessary to accomplish a purpose provided by Section 317.003.
(b) A municipality may not condemn property under Subsection (a) if the property is used for cemetery purposes.
(c) A municipality shall pay adequate compensation to the owner of property that is taken, damaged, or destroyed in the accomplishment of a purpose provided by Section 317.003.
(d) A municipality may pay compensation and damages adjudicated in a condemnation proceeding or damage to the property of a person in the accomplishment of a purpose provided by Section 317.003 from:
(1) the proceeds of tax or revenue bonds issued under this chapter; or
(2) other available municipal money.
(e) Chapter 21, Property Code, governs the procedure for the exercise of the power of eminent domain under this section.
Official text of the Texas Transportation Code as published by the Texas Legislative Council.