Sec. 49.223. COSTS OF RELOCATION OF PROPERTY. (a) In the event that the district or the water supply corporation, in the exercise of the power of eminent domain or power of relocation or any other power, makes necessary the relocation, raising, lowering, rerouting, or change in grade of or alteration in construction of any road, bridge, highway, railroad, electric transmission line, telegraph, or telephone properties, facilities, or pipelines, all necessary relocations, raising, lowering, rerouting, or change in grade or alteration of construction shall be done at the sole expense of the district or the water supply corporation unless otherwise agreed to in writing. Such relocation shall be accomplished in a timely manner so that the project of the district or the water supply corporation is not delayed.
(b) "Sole expense" means the actual cost of the relocation, raising, lowering, rerouting, or change in grade or alteration of construction and providing comparable replacement without enhancing the facilities after deducting from it the net salvage value derived from the old facility.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
Notes of Decisions
Sw. Bell Tel., L.P. v. Emmett, 459 S.W.3d 578 (Tex. 2015).
· cites it 6× “Texas Water Code § 49.223 requires that relocation of utility facilities be done at the sole expense of the District when the District’s exercise of power “makes necessary” such relocation.”
Tabrizi v. City of Austin, 551 S.W.3d 290 (Tex. App. 2018).
“As the Texas Supreme Court said in Emmett : Although ordinarily we would first consider whether the Commissioners have governmental immunity from suit, which would implicate the trial court's subject matter jurisdiction, we begin by considering the proper construction of Texas…”
In Re City of Denton, Gerard Hudspeth, Mayor of Denton, Brian Beck, Mayor Pro Tem of Denton, Vicki Byrd, Paul Meltzer, Joe Holland, Brandon Chase McGee & Chris Watts, Members of the City Council of Denton, Sara Hensley, City Manager of Denton, & Doug Shoemaker, Chief of Police of Denton, in Their Off. Capacities v. the State of Texas (Tex. App. 2025).
“For example, the Texas Supreme Court has previously analyzed this issue as follows: Although ordinarily we would first consider whether the Commissioners have governmental immunity from suit, which would implicate the trial court’s subject matter jurisdiction, we begin by…”
— Tex. Water Code § 49.223(a) — 1 case
Sw. Bell Tel., L.P. v. Emmett, 459 S.W.3d 578 (Tex. 2015).
“Texas Water Code § 49.223 requires that relocation of utility facilities be done at the sole expense of the District when the District’s exercise of power “makes necessary” such relocation.”
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