2009 Texas Code
PROPERTY CODE
TITLE 4. ACTIONS AND REMEDIES
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.

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