Tex. Water Code Section 62.106
Condemnation Proceedings

(a)

The district may exercise the power of eminent domain to condemn and acquire the right-of-way over and through any and all public and private land necessary:

(1)

for the improvement of any river, bay, creek, or stream;

(2)

for the construction and maintenance of any canal or waterway; and

(3)

for any and all purposes authorized by this chapter.

(b)

Condemnation proceedings instituted under Subsection (a) of this section shall be instituted under the direction of the commission and in the name of the district. The assessment of damages shall be in conformity with the laws of the State of Texas for condemnation and acquisition of rights-of-way by railroads.

(c)

No appeal from the finding and assessment of damages by the commissioners shall have the effect of causing a suspension of work by the commission in prosecuting the work of improvement in all of its details.

(d)

No right-of-way may be condemned through any part of an incorporated city or town without the consent of the lawful authorities of that city or town.

(e)

A district created under this chapter may elect to take advantage of the condemnation procedure provided in Chapter 21 (Eminent Domain), Property Code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1106 (S.B. 1500), Sec. 4, eff. June 18, 2023.

Source: Section 62.106 — Condemnation Proceedings, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­62.­htm#62.­106 (accessed Jun. 5, 2024).

62.001
Definitions 62.021
Creation of District 62.022
Composition 62.023
Petition 62.024
Deposit 62.025
Date of Hearing 62.026
Hearing Before the Board 62.027
Notice of Hearing 62.028
Hearing on Petition 62.029
Findings 62.030
Election Order 62.031
Notice of Election 62.032
Ballot 62.033
Conduct of Election 62.034
Canvass of Returns 62.035
Declaration of Result 62.036
Expenses 62.061
Navigation Board 62.062
Appointment of Initial Commissioners 62.063
Election of Commissioners 62.064
Qualifications of Commissioners 62.065
Term of Office 62.066
Vacancies 62.067
Removal from Office 62.068
Oath of Commissioners 62.069
Bond of Commissioners 62.070
Compensation of Commissioners 62.071
Organization of Commission 62.072
Two-county Districts 62.073
District Treasurer 62.074
Treasurer’s Bond 62.075
Treasurer’s Compensation 62.077
Counsel 62.078
Suits 62.101
Purposes of District 62.102
Districts as Governmental Agencies 62.103
Duties of County Officials 62.104
Duties of District Engineer 62.105
Right-of-way 62.106
Condemnation Proceedings 62.107
Acquisition and Conveyance of Land 62.108
Entry on Property 62.109
Bids 62.110
Notice of Bids 62.111
Award of Contract 62.112
Interest in Contracts 62.113
Form of Contracts 62.114
Bond of Contractor 62.115
Supervision of Work 62.116
Inspection of Work 62.117
Annual Report 62.118
Cooperation with United States 62.119
Preference Lien 62.120
Contract for and Lease of Water System 62.121
Contracts and Obligations to Accomplish District Purposes and Exercise District Powers 62.122
Disposition of Salvage or Surplus Personal Property 62.123
Franchises 62.151
Construction and Maintenance Fund 62.152
Payment of Expenses 62.153
Duties of District Treasurer 62.155
Deposit in Banking Corporation 62.156
Selection of Depository 62.159
Conflicts with Prior Bonds or Other Laws 62.160
Maintenance Tax 62.191
Issuance of Navigation Bonds 62.192
Issuance of Additional Bonds 62.193
Bond Election 62.194
Order for Bonds and Tax 62.195
Form of Bonds 62.196
Duties of Attorney General 62.197
Registration of Bonds 62.198
Validity of Bonds 62.199
Record of Bonds 62.200
Sale of Bonds 62.201
Chairman’s Bond 62.202
Taxes 62.203
Issuance of Refunding Bonds 62.204
Refunding Bonds Sold at Par 62.205
Approval of Refunding Bonds by Attorney General 62.206
Tax Levy for Refunding Bonds 62.208
Revenue Bonds 62.209
Use of Bond Proceeds for Certain Acquisitions of Certain Districts 62.251
Assessment and Collection of Taxes 62.291
Annexation Authority 62.292
Petition 62.293
Scheduling Petition for Hearing 62.294
Hearing 62.295
Election Order 62.296
Notice of Election 62.297
Ballots 62.298
Election Officials 62.299
Canvass of Vote 62.300
Authority to Annex Other Districts 62.301
Duties of Commission of Annexed District 62.302
Certification of Election Results 62.303
Hearing by Annexing District 62.304
Assumption of Bonded Debt 62.305
Levy of Taxes on Annexed District 62.306
Dissolution of Annexed District 62.307
Annexation of Whole of Adjacent County 62.308
Hearing 62.309
Order of Election 62.310
Certification of Election Result 62.311
Hearing by Annexing District 62.312
Order of Annexation 62.313
Obligations Not Affected 62.314
Additional Commission Members 62.315
Change of Membership of Navigation Board 62.316
Permanent Commission Organization Following Annexation 62.317
Provisions Governing Commission 62.318
Law Governing District 62.0631
Appointment of Commissioners 62.0725
Executive Director 62.1071
Acquisition of Land, Equipment, or Improvements in Certain Counties 62.1072
Additional Commissioners for Acquisitions from Certain Municipalities
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 62.106’s source at texas​.gov