Texas Property Code - Section 21.044. Damages From Temporary Possession
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Texas Laws > Property Code > Texas Property Code - Section 21.044. Damages From Temporary Possession
Section: 21.0211 21.022 21.023 21.041 21.042 21.0421 21.043 21.044 21.045 21.046 21.047 21.048 21.049 21.061 21.062
§ 21.044. DAMAGES FROM TEMPORARY POSSESSION. (a) If a
court finally determines that a condemnor who has taken possession
of property pending litigation did not have the right to condemn the
property, the court may award to the property owner the damages that
resulted from the temporary possession.
(b) The court may order the payment of damages awarded under
this section from the award or other money deposited with the court.
However, if the award paid to or appropriated by the property owner
exceeds the court's final determination of the value of the
property, the court shall order the property owner to return the
excess to the condemnor.
Acts 1983, 68th Leg., p. 3505, ch. 576, § 1, eff. Jan. 1, 1984.
Last modified: August 11, 2007