Texas Codes

Tex. Water Code § 49.222 (2026)

Eminent Domain

✓ current as of May 2026

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Sec. 49.222. EMINENT DOMAIN. (a) A district or water supply corporation may acquire by condemnation any land, easements, or other property inside or outside the district boundaries, or the boundaries of the certificated service area for a water supply corporation, necessary for water, sanitary sewer, storm drainage, or flood drainage or control purposes or for any other of its projects or purposes, and may elect to condemn either the fee simple title or a lesser property interest.

(b) The right of eminent domain shall be exercised in the manner provided in Chapter 21, Property Code, except that a district or a water supply corporation shall not be required to give bond for appeal or bond for costs in any condemnation suit or other suit to which it is a party and shall not be required to deposit more than the amount of any award in any suit.

(c) The power of eminent domain may not be used for the condemnation of land for the purpose of acquiring rights to underground water or of water or water rights.

Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.

Notes of Decisions

Cited in 15 cases (4 in the last 5 years), 2003–2023 · leading case: Malcomson Road Util. Dist. v. Newsom, 171 S.W.3d 257 (Tex. App. 2005).

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Malcomson Road Util. Dist. v. Newsom, 171 S.W.3d 257 (Tex. App. 2005). · cites it 6× “The Requirement That the Taking Be Necessary for the Declared Public Use The applicable eminent-domain statute requires that takings be necessary for the declared public purposes.”

Zboyan v. Far Hills Util. Dist., 221 S.W.3d 924 (Tex. App. 2007). · cites it 8× “XVI, § 59; Tex. Water Code Ann. § 49.222 (Vernon 2000).”

Clear Lake City Water Auth. v. Clear Lake Country Club, L.P., 340 S.W.3d 27 (Tex. App. 2011). · cites it 3× “See Tex. Water Code Ann. § 49.222 (a) (Vernon 2008).”

Pitts v. Sabine River Auth. of Texas, 107 S.W.3d 811 (Tex. App. 2003). “Tex. Water Code Ann. § 49.222 (Vernon 2000).”

Guadalupe-Blanco River Auth. v. Canyon Reg'l Water Auth., 211 S.W.3d 351 (Tex. App. 2006). “” Tex. WateR Code Ann. § 49.222 (a) (Vernon 2000).”

City of Combes, Tx v. East Rio Hondo Water Supply Corp., 244 F. Supp. 2d 778 (S.D. Tex. 2003). “With the exception of eminent domain, Tex. Water Code, § 49.222, the East Rio Hondo Water Supply Corporation exercises none of these powers.”

Hidalgo Cnty. Water Improvement Dist. No. 3 v. Hidalgo Cnty. Irrigation Dist. No. 1 (Tex. App. 2021). · cites it 3× “In 2018, in conjunction with the City of McAllen’s extension of a public roadway known as Bicentennial Boulevard, the Improvement District decided to extend its raw water pipeline along the roadway’s public right-of-way. To that end, the Improvement District obtained an easement…”

Roy W. Zboyan v. Far Hills Util. Dist. (Tex. App. 2007). · cites it 4× “XVI, § 59; Tex. Water Code Ann. § 49.222 (Vernon 2000).”

in Re: Tarrant Reg'l Water Dist., a Water Control & Improvement Dist. (Tex. App. 2015). · cites it 4× “6, 8 TEX. WATER CODE § 49.222 . . . . . . . . .”

Hidalgo Cnty. Water Improvement Dist. No. 3 v. Hidalgo Cnty. Irrigation Dist. No. 1 (Tex. 2023). · cites it 2× “See TEX. WATER CODE § 49.222. 16 Second, “[w]hile suits to try the State’s title are barred by immunity, in some instances a party may maintain a trespass to try title action against governmental officials acting in their official capacities.”

Town of Westlake, Texas v. City of Southlake, Texas (Tex. App. 2021). “(quoting Tex. Water Code Ann. § 49.222 (a)). Hidalgo accepted the argument by noting, “We have no problem saying ‘any land’ means both private and public land; however, without more, [Section] 49.”

Harris Cnty. Fresh Water Supply Dist. No. 61 v. Magellan Pipeline Co., L. P. & V-Tex Logistics LLC (Tex. App. 2022). “However, the Corpus Christi Court of Appeals, citing Oncor, has held that this grant of condemnation power over “any land” does not waive immunity from suit when the water district seeks to condemn land owned by a governmental entity.”

Show all 15 citing cases →

— Tex. Water Code § 49.222(a) — 5 cases

Malcomson Road Util. Dist. v. Newsom, 171 S.W.3d 257 (Tex. App. 2005). “The Requirement That the Taking Be Necessary for the Declared Public Use The applicable eminent-domain statute requires that takings be necessary for the declared public purposes.”

Hidalgo Cnty. Water Improvement Dist. No. 3 v. Hidalgo Cnty. Irrigation Dist. No. 1 (Tex. App. 2021). “In 2018, in conjunction with the City of McAllen’s extension of a public roadway known as Bicentennial Boulevard, the Improvement District decided to extend its raw water pipeline along the roadway’s public right-of-way. To that end, the Improvement District obtained an easement…”

Hidalgo Cnty. Water Improvement Dist. No. 3 v. Hidalgo Cnty. Irrigation Dist. No. 1 (Tex. 2023). “See TEX. WATER CODE § 49.222. 16 Second, “[w]hile suits to try the State’s title are barred by immunity, in some instances a party may maintain a trespass to try title action against governmental officials acting in their official capacities.”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2010).

— Tex. Water Code § 49.222(b) — 1 case

in Re: Tarrant Reg'l Water Dist., a Water Control & Improvement Dist. (Tex. App. 2015). “6, 8 TEX. WATER CODE § 49.222 . . . . . . . . .”

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