The Laws of Texas, 1925 [Volume 23] Page: 490 of 822
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478 SPECIAL LAWS.
proved by the commissioners' court, payable to the county judge
and his successors in office in trust for the use of the road and
bridge fund of said county, with good and sufficient sureties on
the bond, conditioned that such engineer will faithfully and efficiently
discharge and perform all duties required of him by law,
and by the orders of said commissioners' court.
SEC. 5. Whenever in the judgment of the commissioners' court
it shall be or become necessary to lay out and construct any road
or highway in or through the county or any part thereof, whether
said road extends through any city, town, village, hamlet, community
or otherwise, or whenever it shall be or become necessary
in the judgment of the commissioners' court to occupy any land,
in town, or county, for the purpose of constructing, building,
opening, widening, straightening, draining, grading, improving,
repairing, strengthening or maintaining any public road or highway
of said county, or any part thereof, said court, through the
agents and servants of the county, may enter upon, occupy and
take such land, paying therefor, if the owner thereof and said
court can agree on the price thereof, the value of the land so
taken and the amount of damage, if any there be, but if such
owner and the representative of the court cannot agree with respect
to such value, or damage, or both, then said county may
proceed to condemn such land for any of the purposes hereinabove
mentioned in the same manner as now or may hereafter be
prescribed by law for railroad corporations, and may condemn
land for right of way under such proceedings, with a right to invoke
the statutes, insofar as the same may be applicable for the
exercise of the right of eminent domain by railroad corporations,
except that in no case shall the county be required to give bond
,or deposit more than the amount assessed by the commissioners
in condemnation; provided, however, that nothing contained in
this section shall be held to repeal the provisions of the General
Law now in force, or that may be hereafter passed relating to
the opening or constructing of public roads by a jury of view,
but this section shall be held to be cumulative thereof, and the
commissioners' court of Orange County, may, at the option of
said court, in such cases, proceed under the provisions of such
General Law, or under the provisions of this Act, according as
same may be best adapted, in the judgment of said commissioners'
court, to expedite the relief sought to be obtained.
SEC. 6. Said court may enter upon and take from any land
adjacent to or most convenient or accessible to any public road
of said county, earth, stone, gravel, or other material necessary
or suitable for the grading, constructing, building, repairing, improving
or maintaining of such road, paying therefor, if the
owner of the land and the court can agree on the price thereof,
the value of material so taken, and the amount of damage, if any,
thereby occasioned to such land or appurtenances, but if such
owner and the court cannot agree thereon, the value of such material
and the damage, if any, may be ascertained, determined
and paid for under the proceedings for condemnation of the next
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1925 [Volume 23], book, 1925; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth15499/m1/490/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .