Texas Codes

Tex. Water Code § 62.106 (2026)

Condemnation Proceedings

✓ current as of May 2026

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Sec. 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, 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.

Notes of Decisions

Cited in 1 case, 2006–2006 · leading case: City of Seabrook v. Port of Houston Auth., 199 S.W.3d 403 (Tex. App. 2006).

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City of Seabrook v. Port of Houston Auth., 199 S.W.3d 403 (Tex. App. 2006). · cites it 24× “See TEX. WATER CODE ANN. §§ 62.106, 62.107 (Vernon 2004); TEX.”

— Tex. Water Code § 62.106(a) — 1 case

City of Seabrook v. Port of Houston Auth., 199 S.W.3d 403 (Tex. App. 2006). “See TEX. WATER CODE ANN. §§ 62.106, 62.107 (Vernon 2004); TEX.”

— Tex. Water Code § 62.106(b) — 1 case

City of Seabrook v. Port of Houston Auth., 199 S.W.3d 403 (Tex. App. 2006). “See TEX. WATER CODE ANN. §§ 62.106, 62.107 (Vernon 2004); TEX.”

— Tex. Water Code § 62.106(d) — 1 case

City of Seabrook v. Port of Houston Auth., 199 S.W.3d 403 (Tex. App. 2006). “See TEX. WATER CODE ANN. §§ 62.106, 62.107 (Vernon 2004); TEX.”

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