PROPERTY CODE
TITLE 4. ACTIONS AND REMEDIES
CHAPTER 21. EMINENT DOMAIN
SUBCHAPTER A. JURISDICTION
§ 21.001. CONCURRENT JURISDICTION. District courts and
county courts at law have concurrent jurisdiction in eminent domain
cases. A county court has no jurisdiction in eminent domain cases.
Acts 1983, 68th Leg., p. 3498, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.002. TRANSFER OF CASES. If an eminent domain case
is pending in a county court at law and the court determines that
the case involves an issue of title or any other matter that cannot
be fully adjudicated in that court, the judge shall transfer the
case to a district court.
Acts 1983, 68th Leg., p. 3498, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.003. DISTRICT COURT AUTHORITY. A district court
may determine all issues, including the authority to condemn
property and the assessment of damages, in any suit:
(1) in which this state, a political subdivision of
this state, a person, an association of persons, or a corporation is
a party; and
(2) that involves a claim for property or for damages
to property occupied by the party under the party's eminent domain
authority or for an injunction to prevent the party from entering or
using the property under the party's eminent domain authority.
Acts 1983, 68th Leg., p. 3498, ch. 576, § 1, eff. Jan. 1, 1984.
SUBCHAPTER B. PROCEDURE
§ 21.011. STANDARD PROCEDURE. Exercise of the eminent
domain authority in all cases is governed by Sections 21.012
through 21.016 of this code.
Acts 1983, 68th Leg., p. 3498, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.0111. DISCLOSURE OF INFORMATION REQUIRED. (a) A
governmental entity with eminent domain authority that wants to
acquire real property for a public use shall disclose to the
property owner at the time an offer to purchase is made any and all
existing appraisal reports produced or acquired by the governmental
entity relating specifically to the owner's property and used in
determining the final valuation offer.
(b) A property owner shall disclose to the acquiring
governmental entity any and all existing appraisal reports produced
or acquired by the property owner relating specifically to the
owner's property and used in determining the owner's opinion of
value. Such disclosure shall take place within 10 days of receipt
of appraisal reports but no later than 10 days prior to the special
commissioner's hearing. A subsequent bona fide purchaser for value
from the governmental entity may conclusively presume that the
requirement of this section has been met. This section does not
apply to acquisitions of real property for which a governmental
entity does not have eminent domain authority.
Added by Acts 1995, 74th Leg., ch. 566, § 1, eff. Aug. 28, 1995.
§ 21.012. CONDEMNATION PETITION. (a) If the United
States, this state, a political subdivision of this state, a
corporation with eminent domain authority, or an irrigation, water
improvement, or water power control district created by law wants
to acquire real property for public use but is unable to agree with
the owner of the property on the amount of damages, the condemning
entity may begin a condemnation proceeding by filing a petition in
the proper court.
(b) The petition must:
(1) describe the property to be condemned;
(2) state the purpose for which the entity intends to
use the property;
(3) state the name of the owner of the property if the
owner is known; and
(4) state that the entity and the property owner are
unable to agree on the damages.
Acts 1983, 68th Leg., p. 3498, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.0121. CONDEMNATION TO ACQUIRE WATER
RIGHTS. (a) In addition to the contents prescribed by Section
21.012(b), a condemnation petition filed by a political subdivision
of this state for the purpose of acquiring rights to groundwater or
surface water must state that the facts to be proven are that the
political subdivision has:
(1) prepared a drought contingency plan;
(2) developed and implemented a water conservation
plan that will result in the highest practicable levels of water
conservation and efficiency achievable in the political
subdivision's jurisdiction;
(3) made a bona fide good faith effort to obtain
practicable alternative water supplies to the water rights the
political subdivision proposes to condemn;
(4) made a bona fide good faith effort to acquire the
rights to the water the political subdivision proposes to condemn
by voluntary purchase or lease; and
(5) made a showing that the political subdivision
needs the water rights to provide for the domestic needs of the
political subdivision within the next 10-year period.
(b) A court shall deny the right to condemn unless the
political subdivision proves to the court that the political
subdivision has met the requirements of Subsection (a).
Added by Acts 2003, 78th Leg., ch. 1032, § 1, eff. Sept. 1, 2003.
§ 21.013. VENUE; FEES AND PROCESSING FOR SUIT FILED IN
DISTRICT COURT. (a) The venue of a condemnation proceeding is the
county in which the owner of the property being condemned resides if
the owner resides in a county in which part of the property is
located. Otherwise, the venue of a condemnation proceeding is any
county in which at least part of the property is located.
(b) Except where otherwise provided by law, a party
initiating a condemnation proceeding in a county in which there is
one or more county courts at law with jurisdiction shall file the
petition with any clerk authorized to handle such filings for that
court or courts.
(c) A party initiating a condemnation proceeding in a county
in which there is not a county court at law must file the
condemnation petition with the district clerk. The filing fee
shall be due at the time of filing in accordance with Section
51.317, Government Code.
(d) District and county clerks shall assign an equal number
of eminent domain cases in rotation to each court with jurisdiction
that the clerk serves.
Acts 1983, 68th Leg., p. 3499, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1993, 73rd Leg., ch. 760, § 1, eff. Sept. 1,
1993; Acts 1999, 76th Leg., ch. 756, § 1, eff. June 18, 1999.
§ 21.014. SPECIAL COMMISSIONERS. (a) The judge of a
court in which a condemnation petition is filed or to which an
eminent domain case is assigned shall appoint three disinterested
freeholders who reside in the county as special commissioners to
assess the damages of the owner of the property being condemned.
The judge appointing the special commissioners shall give
preference to persons agreed on by the parties. If a person fails
to serve as a commissioner, the judge may appoint a replacement.
(b) The special commissioners shall swear to assess damages
fairly, impartially, and according to the law.
(c) Special commissioners may compel the attendance of
witnesses and the production of testimony, administer oaths, and
punish for contempt in the same manner as a county judge.
Acts 1983, 68th Leg., p. 3499, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.015. HEARING. (a) The special commissioners in
an eminent domain proceeding shall promptly schedule a hearing for
the parties at the earliest practical time and at a place that is as
near as practical to the property being condemned or at the county
seat of the county in which the proceeding is being held.
(b) After notice of the hearing has been served, the special
commissioners shall hear the parties at the scheduled time and
place or at any other time or place to which they may adjourn the
hearing.
Acts 1983, 68th Leg., p. 3500, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.016. NOTICE. (a) Each party in an eminent domain
proceeding is entitled to written notice issued by the special
commissioners informing the party of the time and place of the
hearing.
(b) Notice of the hearing must be served on a party not later
than the 11th day before the day set for the hearing. A person
competent to testify may serve the notice.
(c) A person who serves a notice shall return the original
notice to the special commissioners on or before the day set for
hearing. The person shall write a return of service on the notice
that states how and when it was served.
(d) Notice may be served:
(1) by delivering a copy of the notice to the party or
to the party's agent or attorney;
(2) if the property being condemned belongs to a
deceased's estate or to a minor or other legally disabled person and
the person or estate has a legal representative, by delivering a
copy of the notice to the legal representative; or
(3) if the property being condemned belongs to a
nonresident of this state and there has been no personal service on
the owner, if the identity or the residence of the property owner is
unknown, or if the property owner avoids service of notice by
hiding, by publication in the same manner as service of citation by
publication in other civil cases in the district courts or county
courts at law.
Acts 1983, 68th Leg., p. 3500, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.017. ALTERNATIVE PLEADINGS. (a) This state, a
political subdivision of this state, a person, an association of
persons, or a corporation that is a party to a suit covered by
Section 21.003 of this code by petition, cross-bill, or plea of
intervention may assert a claim to the property or, alternatively,
seek to condemn the property.
(b) A plea under this section is not an admission of an
adverse party's title to the property in controversy.
Acts 1983, 68th Leg., p. 3501, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.018. APPEAL FROM COMMISSIONERS' FINDINGS. (a) A
party to a condemnation proceeding may object to the findings of the
special commissioners by filing a written statement of the
objections and their grounds with the court that has jurisdiction
of the proceeding. The statement must be filed on or before the
first Monday following the 20th day after the day the commissioners
file their findings with the court.
(b) If a party files an objection to the findings of the
special commissioners, the court shall cite the adverse party and
try the case in the same manner as other civil causes.
Acts 1983, 68th Leg., p. 3501 ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.019. DISMISSAL OF CONDEMNATION
PROCEEDINGS. (a) A party that files a condemnation petition may
move to dismiss the proceedings, and the court shall conduct a
hearing on the motion. However, after the special commissioners
have made an award, in an effort to obtain a lower award a condemnor
may not dismiss the condemnation proceedings merely to institute
new proceedings that involve substantially the same condemnation
against the same property owner.
(b) A court that hears and grants a motion to dismiss a
condemnation proceeding made by a condemnor under Subsection (a)
shall make an allowance to the property owner for reasonable and
necessary fees for attorneys, appraisers, and photographers and for
the other expenses incurred by the property owner to the date of the
hearing.
(c) A court that hears and grants a motion to dismiss a
condemnation proceeding made by a property owner seeking a judicial
denial of the right to condemn or that otherwise renders a judgment
denying the right to condemn may make an allowance to the property
owner for reasonable and necessary fees for attorneys, appraisers,
and photographers and for the other expenses incurred by the
property owner to the date of the hearing or judgment.
Acts 1983, 68th Leg., p. 3501, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1987, 70th Leg., ch. 483, § 1, eff. Aug. 31,
1987.
§ 21.0195. DISMISSAL OF CERTAIN CONDEMNATION
PROCEEDINGS; TEXAS DEPARTMENT OF TRANSPORTATION. (a) This
section applies only to the dismissal of a condemnation proceeding
that involves the Texas Department of Transportation.
(b) The department may move to dismiss a proceeding it
files, and the court shall conduct a hearing on the motion. The
court may grant the motion only if the court determines that the
property owner's interest will not be materially affected by the
dismissal. The department may not dismiss the condemnation
proceedings merely to institute new proceedings that involve
substantially the same condemnation against the same property owner
solely to obtain a lower condemnation award.
(c) If a court dismisses a condemnation proceeding on the
motion of the department or as a result of the failure of the
department to bring the proceeding properly, the court shall make
an allowance to the property owner for the value of the department's
use of the property while in possession of the property, any damage
that the condemnation has caused to the property owner, and any
expenses the property owner has incurred in connection with the
condemnation, including reasonable and necessary fees for
attorneys.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.46(a), eff. Sept. 1,
1997.
§ 21.020. REINSTATEMENT OF CONDEMNATION
PROCEEDINGS. If a condemnor moves to dismiss a condemnation
proceeding and subsequently files a petition to condemn
substantially the same property interest from the same property
owner, the court may not appoint new special commissioners but
shall enter the award of the special commissioners in the first
proceeding as the award in the second. The court shall award the
property owner triple the amount of the expenses that were allowed
the property owner prior to the dismissal of the first proceeding.
Acts 1983, 68th Leg., p. 3502, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.021. POSSESSION PENDING LITIGATION. (a) After
the special commissioners have made an award in a condemnation
proceeding, except as provided by Subsection (c) of this section,
the condemnor may take possession of the condemned property pending
the results of further litigation if the condemnor:
(1) pays to the property owner the amount of damages
and costs awarded by the special commissioners or deposits that
amount of money with the court subject to the order of the property
owner;
(2) deposits with the court either the amount of money
awarded by the special commissioners as damages or a surety bond in
the same amount issued by a surety company qualified to do business
in this state, conditioned to secure the payment of an award of
damages by the court in excess of the award of the special
commissioners; and
(3) executes a bond that has two or more good and
solvent sureties approved by the judge of the court in which the
proceeding is pending and conditioned to secure the payment of
additional costs that may be awarded to the property owner by the
trial court or on appeal.
(b) A court shall hold money or a bond deposited under
Subdivision (1) or (2) of Subsection (a) to secure the payment of
the damages that have been or that may be awarded against the
condemnor.
(c) This state, a county, or a municipal corporation or an
irrigation, water improvement, or water power control district
created under legal authority is not required to deposit a bond or
the amount equal to the award of damages under Subdivisions (2) and
(3) of Subsection (a).
(d) If a condemnor deposits money with a court under
Subdivision (2) of Subsection (a), the condemnor may instruct the
court to deposit or invest the money in any account with or
certificate or security issued by a state or national bank in this
state. The court shall pay the interest that accrues from the
deposit or investment to the condemnor.
Acts 1983, 68th Leg., p. 3502, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, § 1(b), eff.
Oct. 2, 1984.
§ 21.022. AUTHORITY OF COURTS. Laws that formerly
governed the performance of functions by county clerks and judges
in eminent domain proceedings are applicable to the clerks and
judges of district courts and county courts at law.
Acts 1983, 68th Leg., p. 3503, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.023. DISCLOSURE OF INFORMATION REQUIRED AT TIME OF
ACQUISITION. A governmental entity shall disclose in writing to
the property owner, at the time of acquisition of the property
through eminent domain, that:
(1) the owner or the owner's heirs, successors, or
assigns are entitled to repurchase the property if the public use
for which the property was acquired through eminent domain is
canceled before the 10th anniversary of the date of acquisition;
and
(2) the repurchase price is the fair market value of
the property at the time the public use was canceled.
Added by Acts 2003, 78th Leg., ch. 1307, § 1, eff. Jan. 1, 2004.
SUBCHAPTER C. DAMAGES AND COSTS
§ 21.041. EVIDENCE. As the basis for assessing actual
damages to a property owner from a condemnation, the special
commissioners shall admit evidence on:
(1) the value of the property being condemned;
(2) the injury to the property owner;
(3) the benefit to the property owner's remaining
property; and
(4) the use of the property for the purpose of the
condemnation.
Acts 1983, 68th Leg., p. 3504, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.042. ASSESSMENT OF DAMAGES. (a) The special
commissioners shall assess damages in a condemnation proceeding
according to the evidence presented at the hearing.
(b) If an entire tract or parcel of real property is
condemned, the damage to the property owner is the local market
value of the property at the time of the special commissioners'
hearing.
(c) If a portion of a tract or parcel of real property is
condemned, the special commissioners shall determine the damage to
the property owner after estimating the extent of the injury and
benefit to the property owner, including the effect of the
condemnation on the value of the property owner's remaining
property.
(d) In estimating injury or benefit under Subsection (c),
the special commissioners shall consider an injury or benefit that
is peculiar to the property owner and that relates to the property
owner's ownership, use, or enjoyment of the particular parcel of
real property, but they may not consider an injury or benefit that
the property owner experiences in common with the general
community.
(e) If a portion of a tract or parcel of real property is
condemned for the use, construction, operation, or maintenance of
the state highway system or of a county toll project described by
Chapter 284, Transportation Code, that is eligible for designation
as part of the state highway system, or for the use, construction,
development, operation, or maintenance of an improvement or project
by a metropolitan rapid transit authority created before January 1,
1980, with a principal municipality having a population of less
than 1.9 million and established under Chapter 451, Transportation
Code, the special commissioners shall determine the damage to the
property owner regardless of whether the property owner makes a
claim for damages to the remaining property. In awarding
compensation or assessing the damages, the special commissioners
shall consider any special and direct benefits that arise from the
highway improvement or the transit authority improvement or project
that are peculiar to the property owner and that relate to the
property owner's ownership, use, or enjoyment of the particular
parcel of remaining real property.
(f) In awarding compensation or assessing damages for a
condemnation by an institution of higher education, as defined by
Section 61.003, Education Code, the special commissioners may not
include in the compensation or damages any amount that compensates
for, or is based on the present value of, an exemption from ad
valorem taxation applicable to the property before its
condemnation.
Acts 1983, 68th Leg., p. 3504, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 29, § 1, eff. Oct.
2, 1984; Acts 1989, 71st Leg., ch. 734, § 5, eff. June 15, 1989;
Acts 1997, 75th Leg., ch. 165, § 30.244, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 669, § 117, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 1266, § 1.15, eff. June 20, 2003.
§ 21.0421. ASSESSMENT OF DAMAGES: GROUNDWATER
RIGHTS. (a) In a condemnation proceeding initiated by a
political subdivision under this chapter, the special
commissioners or court shall admit evidence relating to the market
value of groundwater rights as property apart from the land in
addition to the local market value of the real property if:
(1) the political subdivision proposes to condemn the
fee title of real property; and
(2) the special commissioners or court finds, based on
evidence submitted at the hearing, that the real property may be
used by the political subdivision to develop or use the rights to
groundwater for a public purpose.
(b) The evidence submitted under Subsection (a) on the
market value of the groundwater rights as property apart from the
land shall be based on generally accepted appraisal methods and
techniques, including the methods of appraisal under Subchapter A,
Chapter 23, Tax Code.
(c) If the special commissioners or court finds that the
real property may be used by the political subdivision to develop or
use the rights to groundwater for a public purpose, the special
commissioners or court may assess damages to the property owner
based on:
(1) the local market value of the real property,
excluding the value of the groundwater in place, at the time of the
hearing; and
(2) the market value of the groundwater rights as
property apart from the land at the time of the hearing.
(d) In assessing damages based on the market value of
groundwater rights under Subsection (c)(2), the special
commissioners or court shall consider:
(1) the amount of groundwater the political
subdivision can reasonably be expected to produce from the property
on an annual basis;
(2) the number of years the political subdivision can
reasonably be expected to produce groundwater from the property;
(3) the quality of the groundwater;
(4) the location of the real property in relation to
the political subdivision for conveyance purposes;
(5) any potential environmental impact of producing
groundwater from the real property;
(6) whether or not the real property is located within
the boundaries of a political subdivision that can regulate the
production of groundwater from the real property;
(7) the cost of alternative water supplies to the
political subdivision; and
(8) any other reasonable factor that affects the
market value of a groundwater right.
(e) This section does not:
(1) authorize groundwater rights appraised separately
from the real property under this section to be appraised
separately from real property for property tax appraisal purposes;
or
(2) subject real property condemned for the purpose
described by Subsection (a) to an additional tax as provided by
Section 23.46 or 23.55, Tax Code.
Added by Acts 2003, 78th Leg., ch. 1032, § 2, eff. Sept. 1, 2003.
§ 21.043. DISPLACEMENT FROM DWELLING OR PLACE OF
BUSINESS. (a) A property owner who is permanently physically
displaced from the property owner's dwelling or place of business
and who is not entitled to reimbursement for moving expenses under
another law may recover, in addition to the property owner's other
damages, the reasonable expenses of moving the property owner's
personal property from the dwelling or place of business.
(b) A recovery under this section may not exceed the market
value of the property being moved. The maximum distance of movement
to be considered is 50 miles.
Acts 1983, 68th Leg., p. 3504, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.044. DAMAGES FROM TEMPORARY POSSESSION. (a) If a
court finally determines that a condemnor who has taken possession
of property pending litigation did not have the right to condemn the
property, the court may award to the property owner the damages that
resulted from the temporary possession.
(b) The court may order the payment of damages awarded under
this section from the award or other money deposited with the court.
However, if the award paid to or appropriated by the property owner
exceeds the court's final determination of the value of the
property, the court shall order the property owner to return the
excess to the condemnor.
Acts 1983, 68th Leg., p. 3505, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.045. TITLE ACQUIRED. Except where otherwise
expressly provided by law, the interest acquired by a condemnor
under this chapter does not include the fee simple title to real
property, either public or private. An interest acquired by a
condemnor is not lost by the forfeiture or expiration of the
condemnor's charter and is subject to an extension of the charter or
the grant of a new charter without a new condemnation.
Acts 1983, 68th Leg., p. 3505, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.046. RELOCATION ASSISTANCE PROGRAM. (a) A
department, agency, instrumentality, or political subdivision of
this state may provide a relocation advisory service for an
individual, a family, a business concern, a farming or ranching
operation, or a nonprofit organization if the service is compatible
with the Federal Uniform Relocation Assistance Advisory Program, 23
U.S.C.A. 501, et seq.
(b) This state or a political subdivision of this state may,
as a cost of acquiring real property, pay moving expenses and rental
supplements, make relocation payments, provide financial
assistance to acquire replacement housing, and compensate for
expenses incidental to the transfer of the property if an
individual, a family, the personal property of a business, a
farming or ranching operation, or a nonprofit organization is
displaced in connection with the acquisition.
(c) A department, agency, instrumentality, or political
subdivision of this state that initiates a program under Subsection
(b) shall adopt rules relating to the administration of the
program.
(d) Neither this state nor a political subdivision of this
state may authorize expenditures under Subsection (b) that exceed
payments authorized under the Federal Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, 42
U.S.C.A. 4601, et seq.
(e) If a person moves or discontinues the person's business,
moves personal property, or moves from the person's dwelling as a
direct result of code enforcement, rehabilitation, or a demolition
program, the person is considered to be displaced because of the
acquisition of real property.
Acts 1983, 68th Leg., p. 3505, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.047. ASSESSMENT OF COSTS. (a) Special
commissioners may adjudge the costs of an eminent domain proceeding
against any party. If the commissioners award greater damages than
the condemnor offered to pay before the proceedings began or if the
decision of the commissioners is appealed and a court awards
greater damages than the commissioners awarded, the condemnor shall
pay all costs. If the commissioners' award or the court's
determination of the damages is less than or equal to the amount the
condemnor offered before proceedings began, the property owner
shall pay the costs.
(b) A condemnor shall pay the initial cost of serving a
property owner with notice of a condemnation proceeding. If the
property owner is ordered to pay the costs of the proceeding, the
condemnor may recover the expense of notice from the property owner
as part of the costs.
(c) A court that has jurisdiction of an eminent domain
proceeding may tax $10 or more as a reasonable fee for each special
commissioner as part of the court costs of the proceeding.
Acts 1983, 68th Leg., p. 3506, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.048. STATEMENT OF DAMAGES AND COSTS. After the
special commissioners in an eminent domain proceeding have assessed
the damages, they shall:
(1) make a written statement of their decision stating
the damages, date it, sign it, and file it and all other papers
connected with the proceeding with the court on the day the decision
is made or on the next working day after the day the decision is
made; and
(2) make and sign a written statement of the accrued
costs of the proceeding, naming the party against whom the costs are
adjudged, and file the statement with the court.
Acts 1983, 68th Leg., p. 3507, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, § 1(c), eff.
Oct. 2, 1984.
§ 21.049. NOTICE OF DECISION OF SPECIAL
COMMISSIONERS. The judge of a court hearing a proceeding under
this chapter shall inform the clerk of the court as to a decision by
the special commissioners on the day the decision is filed or on the
next working day after the day the decision is filed. Not later
than the next working day after the day the decision is filed, the
clerk shall send notice of the decision by certified or registered
United States mail, return receipt requested, to the parties in the
proceeding, or to their attorneys of record, at their addresses of
record.
Added by Acts 1984, 68th Leg., 2nd C.S., ch. 18, § 1(d), eff.
Oct. 2, 1984.
SUBCHAPTER D. JUDGMENT
§ 21.061. JUDGMENT ON COMMISSIONERS' FINDINGS. If no
party in a condemnation proceeding files timely objections to the
findings of the special commissioners, the judge of the court that
has jurisdiction of the proceeding shall adopt the commissioners'
findings as the judgment of the court, record the judgment in the
minutes of the court, and issue the process necessary to enforce the
judgment.
Acts 1983, 68th Leg., p. 3507, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.062. WRIT OF POSSESSION. If a condemnor in a
condemnation proceeding has taken possession of property pending
litigation and the court finally decides that the condemnor does
not have the right to condemn the property, the court shall order
the condemnor to surrender possession of the property and issue a
writ of possession to the property owner.
Acts 1983, 68th Leg., p. 3507, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.063. APPEAL. (a) The appeal of a judgment in a
condemnation proceeding is as in other civil cases.
(b) A court hearing an appeal from the decision of a trial
court in a condemnation proceeding may not suspend the judgment of
the trial court pending the appeal.
Acts 1983, 68th Leg., p. 3507, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.064. INJUNCTIVE RELIEF. (a) A court hearing a
suit covered by Section 21.003 of this code may grant injunctive
relief under the rules of equity.
(b) Instead of granting an injunction under this section, a
court may require a condemnor to provide security adequate to
compensate the property owner for damages that might result from
the condemnation.
Acts 1983, 68th Leg., p. 3508, ch. 576, § 1, eff. Jan. 1, 1984.
§ 21.065. VESTED INTEREST. A judgment of a court under
this chapter vests a right granted to a condemnor.
Acts 1983, 68th Leg., p. 3508, ch. 576, § 1, eff. Jan. 1, 1984.
SUBCHAPTER E. REPURCHASE OF REAL PROPERTY FROM GOVERNMENTAL ENTITY
§ 21.101. APPLICABILITY. (a) Except as provided in
Subsection (b), this subchapter applies only to a real property
interest acquired by a governmental entity through eminent domain
for a public use that was canceled before the 10th anniversary of
the date of acquisition.
(b) This subchapter does not apply to a right-of-way under
the jurisdiction of:
(1) a county;
(2) a municipality; or
(3) the Texas Department of Transportation.
Added by Acts 2003, 78th Leg., ch. 1307, § 2, eff. Jan. 1, 2004.
§ 21.102. NOTICE TO PREVIOUS PROPERTY OWNER AT TIME OF
CANCELLATION OF PUBLIC USE. Not later than the 180th day after the
date of the cancellation of the public use for which real property
was acquired through eminent domain from a property owner under
Subchapter B, the governmental entity shall send by certified mail,
return receipt requested, to the property owner or the owner's
heirs, successors, or assigns a notice containing:
(1) an identification, which is not required to be a
legal description, of the property that was acquired;
(2) an identification of the public use for which the
property had been acquired and a statement that the public use has
been canceled; and
(3) a description of the person's right under this
subchapter to repurchase the property.
Added by Acts 2003, 78th Leg., ch. 1307, § 2, eff. Jan. 1, 2004.
§ 21.103. RESALE OF PROPERTY; PRICE. (a) Not later
than the 180th day after the date of the postmark on the notice sent
under Section 21.102, the property owner or the owner's heirs,
successors, or assigns must notify the governmental entity of the
person's intent to repurchase the property interest under this
subchapter.
(b) As soon as practicable after receipt of the notification
under Subsection (a), the governmental entity shall offer to sell
the property interest to the person for the fair market value of the
property at the time the public use was canceled. The person's
right to repurchase the property expires on the 90th day after the
date on which the governmental entity makes the offer.
Added by Acts 2003, 78th Leg., ch. 1307, § 2, eff. Jan. 1, 2004.
