Texas Water Code 36.105 – Eminent Domain
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(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.
Terms Used In Texas Water Code 36.105
- 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.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Property: means real and personal property. See Texas Government Code 311.005
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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 § 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.