CHAPTER 21. EMINENT DOMAIN
PROPERTY CODE
TITLE 4. ACTIONS AND REMEDIES
CHAPTER 21. EMINENT DOMAIN
SUBCHAPTER A. JURISDICTION
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
SUBCHAPTER B. PROCEDURE
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Aug. 28,
1995.
Sec. 21.0112. PROVISION OF LANDOWNER'S BILL OF RIGHTS STATEMENT
REQUIRED. (a) Not later than the seventh day before the date a
governmental or private entity with eminent domain authority
makes a final offer to a property owner to acquire real property,
the entity must send by first-class mail or otherwise provide a
landowner's bill of rights statement provided by Section 402.031,
Government Code, to the last known address of the person in whose
name the property is listed on the most recent tax roll of any
appropriate taxing unit authorized by law to levy property taxes
against the property. In addition to the other requirements of
this subsection, an entity with eminent domain authority shall
provide a copy of the landowner's bill of rights statement to a
landowner before or at the same time as the entity first
represents in any manner to the landowner that the entity
possesses eminent domain authority.
(b) The statement must be:
(1) printed in an easily readable font and type size; and
(2) if the entity is a governmental entity, made available on
the Internet website of the entity if technologically feasible.
Added by Acts 2007, 80th Leg., R.S., Ch.
1201, Sec. 3, eff. February 1, 2008.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1145, Sec. 1, eff. January 15, 2010.
Sec. 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;
(4) state that the entity and the property owner are unable to
agree on the damages; and
(5) if applicable, state that the entity provided the property
owner with the landowner's bill of rights statement in accordance
with Section 21.0112.
Acts 1983, 68th Leg., p. 3498, ch. 576, Sec. 1, eff. Jan. 1,
1984.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1201, Sec. 4, eff. February 1, 2008.
Sec. 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, Sec. 1, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1993, 73rd Leg., ch. 760, Sec. 1, eff.
Sept. 1, 1993; Acts 1999, 76th Leg., ch. 756, Sec. 1, eff. June
18, 1999.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1, 1984.
Sec. 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, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1987, 70th Leg., ch. 483, Sec. 1, eff. Aug.
31, 1987.
Sec. 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, Sec. 1.46(a), eff. Sept.
1, 1997.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec.
1(b), eff. Oct. 2, 1984.
Sec. 21.0211. PAYMENT OF AD VALOREM TAXES. (a) A court may not
authorize withdrawal of any money deposited under Section 21.021
unless the petitioner for the money files with the court:
(1) a tax certificate issued under Section 31.08, Tax Code, by
the tax collector for each taxing unit that imposes ad valorem
taxes on the condemned property showing that there are no
delinquent taxes, penalties, interest, or costs owing on the
condemned property or on any larger tract of which the condemned
property forms a part; and
(2) in the case of a whole taking that occurs after the date the
ad valorem tax bill for taxes imposed by a taxing unit on the
property is sent, a tax receipt issued under Section 31.075, Tax
Code, by the tax collector of the taxing unit that imposes ad
valorem taxes showing that the taxes on the condemned property
for the current tax year, prorated under Section 26.11, Tax Code,
have been paid.
(b) For purposes of Subsection (a)(2), a "case of a whole
taking" means a case in which the location, size, and boundaries
of the property assessed for ad valorem taxes are identical to
that of the condemned property.
Added by Acts 2005, 79th Leg., Ch.
1126, Sec. 27, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1,
2004.
Sec. 21.024. PRODUCTION OF INFORMATION BY CERTAIN ENTITIES
CONSIDERED TO BE CRITICAL INFRASTRUCTURE. (a) A utility, a
common carrier, or a transporter of oil, gas, or the products of
oil or gas is considered to be within the definition of critical
infrastructure under Section 421.001, Government Code.
Notwithstanding any other law, an entity which is considered
critical infrastructure and which is authorized by law to take
private property through the use of eminent domain is required to
produce information as provided by this section if the
information is requested by a person who owns property that is
the subject of a proposed or existing eminent domain proceeding,
but only if the information is related to the taking of the
person's private property by the entity through the use of
eminent domain.
(b) An entity described by Subsection (a) is required under this
section only to produce information relating to the condemnation
of the specific property owned by the requestor as described in
the request. A request under this section must contain
sufficient details to allow the entity to identify the specific
tract of land in relation to which the information is sought.
(c) The entity shall respond to a request in accordance with the
Texas Rules of Civil Procedure as if the request was made in a
matter pending before a state district court.
(d) Exceptions to disclosure provided by this chapter and the
Texas Rules of Civil Procedure apply to the disclosure of
information under this section.
(e) Jurisdiction to enforce the provisions of this section
resides in:
(1) the court in which the condemnation was initiated; or
(2) if the condemnation proceeding has not been initiated:
(A) a court that would have jurisdiction over a proceeding to
condemn the requestor's property; or
(B) a court in the county in which the entity has its principal
place of business that has jurisdiction over condemnation
proceedings under this chapter.
(f) If the entity refuses to produce information requested in
accordance with this section and the court determines the refusal
violates this section, the court may award the requestor's
reasonable attorney's fees incurred to compel the production of
the information.
(g) If an entity that received a request in accordance with this
section does not produce the requested information on or before
the 30th day after the request is made, the attorney general may
file an action in a court described by Subsection (e) to enforce
this section on the request of the person who made the request
for the information. If the court determines that the failure to
produce the information is a violation of this section, the court
may award the attorney general's reasonable expenses incurred to
compel the production of the information.
(h) If the attorney general files an action under Subsection
(g), the person who requested that the attorney general file the
action may not file a private action to enforce this section with
respect to the same request for information.
(i) Section 552.0037, Government Code, does not apply in
relation to those entities described in Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch.
258, Sec. 9.01, eff. September 1, 2007.
SUBCHAPTER C. DAMAGES AND COSTS
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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.
(g) Notwithstanding Subsection (d), if a portion of a tract or
parcel of real property that, for the then current tax year was
appraised for ad valorem tax purposes under a law enacted under
Section 1-d or 1-d-1, Article VIII, Texas Constitution, and is
outside the municipal limits or the extraterritorial jurisdiction
of a municipality with a population of 5,000 or more is condemned
for state highway purposes, the special commissioners shall
consider the loss of reasonable access to or from the remaining
property in determining the damage to the property owner.
Acts 1983, 68th Leg., p. 3504, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 29, Sec. 1,
eff. Oct. 2, 1984; Acts 1989, 71st Leg., ch. 734, Sec. 5, eff.
June 15, 1989; Acts 1997, 75th Leg., ch. 165, Sec. 30.244, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 669, Sec. 117, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1266, Sec. 1.15, eff.
June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 2.94, eff. June 14, 2005.
Sec. 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, Sec. 2, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec.
1(c), eff. Oct. 2, 1984.
Sec. 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, Sec. 1(d), eff.
Oct. 2, 1984.
SUBCHAPTER D. JUDGMENT
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
Sec. 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, Sec. 1, eff. Jan. 1,
1984.
SUBCHAPTER E. REPURCHASE OF REAL PROPERTY FROM GOVERNMENTAL
ENTITY
Sec. 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, Sec. 2, eff. Jan. 1,
2004.
Sec. 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, Sec. 2, eff. Jan. 1,
2004.
Sec. 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, Sec. 2, eff. Jan. 1,
2004.