Texas Water Code 62.106 – Condemnation Proceedings
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(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.
Terms Used In Texas Water Code 62.106
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commission: means the navigation and canal commission. See Texas Water Code 62.001
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- District: means a navigation district operating under the provisions of Article XVI, § 59, of the Texas Constitution. See Texas Water Code 62.001
- Property: means real and personal property. See Texas Government Code 311.005
(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.