Tex. Water Code § 36.105 · Subchapter D. POWERS AND DUTIES
EMINENT DOMAIN.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A district may exercise the power of eminent domain to acquire by condemnation a fee simple or other interest in property if that property interest is:
(1) within the boundaries of the district; and
(2) necessary for conservation purposes, including recharge and reuse.
(b) The power of eminent domain authorized in this section may not be used for the condemnation of land for the purpose of:
(1) acquiring rights to groundwater, surface water or water rights; or
(2) production, sale, or distribution of groundwater or surface water.
(c) The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, but the district is not required to deposit a bond as provided by Section 21.021(a), Property Code.
(d) In a condemnation proceeding brought by a district, the district is not required to pay in advance or give bond or other security for costs in the trial court, to give bond for the issuance of a temporary restraining order or a temporary injunction, or to give bond for costs or supersedeas on an appeal or writ of error.
(e) In exercising the power of eminent domain, if the district requires relocating, raising, lowering, rerouting, changing the grade, or altering the construction of any railroad, highway, pipeline, or electric transmission or distribution, telegraph, or telephone lines, conduits, poles, or facilities, the district must bear the actual cost of relocating, raising, lowering, rerouting, changing the grade, or altering the construction to provide comparable replacement without enhancement of facilities after deducting the net salvage value derived from the old facility.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 560, Sec. 3, eff. Sept. 1, 2003.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/WA/htm/WA.36.htm
- Text hash
- sha256 3440b40c9eed6c9780cf57334e4ed89c367886112f3af814eca779550159a220
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 5 provisions
Provisions in this library whose text cites Tex. Water Code § 36.105. Each shows the citation as that text prints it.
Special District Local Laws Code
- Tex. Spec. Dist. Local Laws Code § 8825.102LIMITATIONS ON DISTRICT POWERS.Printed as Section 36.105, Water Code
- Tex. Spec. Dist. Local Laws Code § 8835.103LIMITATION ON POWER OF EMINENT DOMAIN.Printed as Section 36.105, Water Code
- Tex. Spec. Dist. Local Laws Code § 8857.103NO EMINENT DOMAIN POWER.Printed as Section 36.105, Water Code
- Tex. Spec. Dist. Local Laws Code § 8865.103LIMITATION ON POWER OF EMINENT DOMAIN.Printed as Section 36.105, Water Code
- Tex. Spec. Dist. Local Laws Code § 8866.103LIMITATION ON POWER OF EMINENT DOMAIN.Printed as Section 36.105, Water Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.