reglab/housing_qa huggingface dataset:
TX Prop § 21.0195 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.0195. Dismissal of Certain Condemnation Proceedings; Texas Department of Transportation

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.|
TX Prop § 21.020 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.020. Reinstatement of Condemnation Proceedings

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.|
TX Prop § 21.021 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.021. Possession Pending Litigation

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.|
TX Prop § 21.0211 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.0211. Payment of Ad Valorem Taxes

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 (H.B. 2491), Sec. 27, eff. September 1, 2005.|
TX Prop § 21.022 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.022. Authority of Courts

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.|
TX Prop § 21.023 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.023. Disclosure of Information Required at Time of Acquisition

Sec. 21.023.  DISCLOSURE OF INFORMATION REQUIRED AT TIME OF ACQUISITION.  An entity with eminent domain authority 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 may be entitled to:(A)  repurchase the property under Subchapter E; or(B)  request from the entity certain information relating to the use of the property and any actual progress made toward that use; and(2)  the repurchase price is the price paid to the owner by the entity at the time the entity acquired the property through eminent domain.|Added by Acts 2003, 78th Leg., ch. 1307, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 13, eff. September 1, 2011.|
TX Prop § 21.025 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.025. Production of Information by Certain Entities

Sec. 21.025.  PRODUCTION OF INFORMATION BY CERTAIN ENTITIES.  (a)  Notwithstanding any other law, an entity that is not subject to Chapter 552, Government Code, and is authorized by law to acquire private property through the use of eminent domain is required to produce information as provided by this section if the information is:(1)  requested by a person who owns property that is the subject of a proposed or existing eminent domain proceeding; and(2)  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 with eminent domain jurisdiction in the county in which the entity has its principal place of business.(f)  If the entity refuses to produce information requested in accordance with this section and the court determines that the refusal violates this section, the court may award the requestor's reasonable attorney's fees incurred to compel the production of the information.|Added by Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 14, eff. September 1, 2011.|
TX Prop § 21.041 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter C. Damages and Costs|Section 21.041. Evidence

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.|
TX Prop § 21.0421 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter C. Damages and Costs|Section 21.0421. Assessment of Damages: Groundwater Rights

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.|
TX Prop § 21.043 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter C. Damages and Costs|Section 21.043. Displacement From Dwelling or Place of Business

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.|
TX Prop § 21.044 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter C. Damages and Costs|Section 21.044. Damages From Temporary Possession

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.|
TX Prop § 21.045 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter C. Damages and Costs|Section 21.045. Title Acquired

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.|
TX Prop § 21.046 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter C. Damages and Costs|Section 21.046. Relocation Assistance Program

Sec. 21.046.  RELOCATION ASSISTANCE PROGRAM.  (a)  A department, agency, instrumentality, or political subdivision of this state shall provide a relocation advisory service for an individual, a family, a business concern, a farming or ranching operation, or a nonprofit organization that is compatible with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.A. 4601, et seq.(b)  This state or a political subdivision of this state shall, 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.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 16, eff. September 1, 2011.|
TX Prop § 21.047 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter C. Damages and Costs|Section 21.047. Assessment of Costs and Fees

Sec. 21.047.  ASSESSMENT OF COSTS AND FEES.  (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)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(i), eff. January 1, 2022.(d)  If a court hearing a suit under this chapter determines that a condemnor did not make a bona fide offer to acquire the property from the property owner voluntarily as required by Section 21.0113, the court shall abate the suit, order the condemnor to make a bona fide offer, and order the condemnor to pay:(1)  all costs as provided by Subsection (a); and(2)  any reasonable attorney's fees and other professional fees incurred by the property owner that are directly related to the violation.|Acts 1983, 68th Leg., p. 3506, ch. 576, Sec. 1, eff. Jan. 1, 1984.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 17, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 18, eff. September 1, 2011.Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(i), eff. January 1, 2022.|
TX Prop § 21.048 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter C. Damages and Costs|Section 21.048. Statement of Damages and Costs

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.|
TX Prop § 21.049 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter C. Damages and Costs|Section 21.049. Notice of Decision of Special Commissioners

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.|
TX Prop § 21.061 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter D. Judgment|Section 21.061. Judgment on Commissioners' Findings

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.|
TX Prop § 21.062 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter D. Judgment|Section 21.062. Writ of Possession

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.|
TX Prop § 21.063 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter D. Judgment|Section 21.063. Appeal

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.|
TX Prop § 21.064 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter D. Judgment|Section 21.064. Injunctive Relief

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.|
TX Prop § 21.065 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter D. Judgment|Section 21.065. Vested Interest

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.|