Texas Codes

Tex. Water Code § 62.107 (2026)

Acquisition And Conveyance Of Land

✓ current as of May 2026

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Sec. 62.107. ACQUISITION AND CONVEYANCE OF LAND. (a) Any district created under this chapter may acquire by gift, purchase, or condemnation and may own land adjacent or accessible by road, rail, or water to the navigable water and ports developed by it which may be necessary or required for any and all purposes incident to or necessary for the development and operation of the navigable water or ports within the district, or may be necessary or required for or in aid of the development of industries and businesses on the land.

(b) The district may lease and grant easements on any part of the acquired land to any person and may charge for the lease or easement reasonable tolls, rents, fees, or other charges. The lease or easement may be on terms and conditions considered appropriate or advantageous to the district. The district may use the proceeds both for the maintenance and operation of the business of the district and for the purpose of making the district self-supporting and financially solvent and returning the construction costs of the improvements within a reasonable period.

(c) The acquisition and leasing of land for the purposes included in this section and the operation and industrial and business development of ports and waterways are a public purpose and a matter of public necessity.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 19, eff. June 17, 2011.

Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 15, eff. June 1, 2017.

Notes of Decisions

Cited in 4 cases, 2006–2020 · 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 4× “If anything, Water Code section 62.107, later-enacted in 1947, confers condemnation power upon the Port with no local consent requirement, and could suggest that the consent requirement does not apply.”

Chambers-Liberty Cntys. Navigation Dist. v. State, 565 S.W.3d 1 (Tex. App. 2016). · cites it 2× “See Tex. Water Code § 62.107(a), (b). They also cite Water Code section 61.”

Chambers-Liberty Counties Navigation Dist. v. State (Tex. 2017). · cites it 2× “See Tex. Water Code § 62.107(a), (b). They also cite Water Code section 61.”

Sustainable Texas Oyster Resource Mgmt., LLC v. Hannah Reef, Inc., Shrimps R US, Inc., IVO Slabic & Michael Ivic (Tex. App. 2020). · cites it 2× “However, the supreme court clarified “that general authority to lease land is not a license to enter into any lease imaginable.”

— Tex. Water Code § 62.107(a) — 3 cases

Chambers-Liberty Cntys. Navigation Dist. v. State, 565 S.W.3d 1 (Tex. App. 2016). “See Tex. Water Code § 62.107(a), (b). They also cite Water Code section 61.”

Chambers-Liberty Counties Navigation Dist. v. State (Tex. 2017). “See Tex. Water Code § 62.107(a), (b). They also cite Water Code section 61.”

Sustainable Texas Oyster Resource Mgmt., LLC v. Hannah Reef, Inc., Shrimps R US, Inc., IVO Slabic & Michael Ivic (Tex. App. 2020). “However, the supreme court clarified “that general authority to lease land is not a license to enter into any lease imaginable.”

— Tex. Water Code § 62.107(b) — 1 case

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