Texas Education Code - Section 11.155. Eminent Domain
Legal Research Home >
Texas Lawyer > Education Code > Texas Education Code - Section 11.155. Eminent Domain
§ 11.155. EMINENT DOMAIN. (a) An independent school
district may, by the exercise of the right of eminent domain,
acquire the fee simple title to real property for the purpose of
securing sites on which to construct school buildings or for any
other purpose necessary for the district.
(b) In a condemnation by a school district, the trial and
all other proceedings, including the assessing of damages, shall be
in compliance with the statutes that apply to condemnation by a
railroad.
(c) When final judgment is issued in a condemnation, the
plaintiff shall be awarded the fee simple title to the property
condemned.
(d) If the school district desires to take possession of the
property to be condemned pending suit, it may do so at any time
after the award of the commissioners and on the conditions in
Subdivisions (1)-(4).
(1) The district is not required to give any bond, but
it must pay to the defendant the amount of damages awarded or
adjudged against it by the commissioners or deposit that amount in
court subject to the order of the defendant, and the district shall
pay the costs awarded against it.
(2) If on an appeal from the award of the commissioners
the judgment exceeds the amount of the award, the district, if it
has previously taken possession of the property, shall pay the
judgment and costs awarded against it, not later than the 60th day
after the date of the final judgment in the case. If the school
district fails to pay the judgment and costs, the court shall on
application of the defendant determine the damages, if any, the
defendant has suffered by reason of the temporary possession by the
plaintiff, order those damages paid out of the award deposited in
court, and order a writ of possession for the property in favor of
the defendant.
(3) If the final judgment on an appeal is less than the
amount of the award of the commissioners, the court shall order the
excess to be returned to the district.
(4) If the cause is appealed from the decision of the
county court, the appeal is governed by the law governing appeals in
other cases, except that the judgment of the county court is not
suspended by the appeal.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Section: 11.064 11.065 11.151 11.152 11.153 11.154 11.1541 11.155 11.156 11.157 11.158 11.159 11.160 11.161 11.162
Last modified: August 10, 2007
|
