Sec.
§
37.020
Estates in property subject to condemnation.
1.
The fee simple or lesser estate in real property, and any other property, are subject to be taken for public use from the owners thereof.
2.
The right to take property under this chapter includes the right to acquire and take the fee to the whole of a particular parcel of land whenever the acquisition of the portion thereof actually needed would leave the remainder of such parcel in such irregular shape, uneconomical size, utility or condition as to be of little value or would give rise to claims or litigation concerning damages which, when added to the compensation for the portion taken, would equal or exceed the value of the parcel as a whole.