Texas Property Code Title 4, Chapter 21 - Eminent Domain

SUBCHAPTER A JURISDICTION

• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B PROCEDURE

• Texas Section 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...
• Texas Section 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,...
• Texas Section 21.0111 - Disclosure Of Certain Information Required; Initial Offer
  (a) An entity with eminent domain authority that wants to acquire real property for a public use shall, by certified mail, return receipt requested, disclose...
• Texas Section 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...
• Texas Section 21.0113 - Bona Fide Offer Required
  (a) An entity with eminent domain authority that wants to acquire real property for a public use must make a bona fide offer to acquire...
• Texas Section 21.012 - Condemnation Petition
  (a) If an entity with eminent domain authority wants to acquire real property for public use but is unable to agree with the owner of...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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 but may not...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER C DAMAGES AND COSTS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D JUDGMENT

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E REPURCHASE OF REAL PROPERTY FROM CONDEMNING ENTITY

• Texas Section 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,...
• Texas Section 21.101 - Right Of Repurchase
  (a) A person from whom a real property interest is acquired by an entity through eminent domain for a public use, or that person's heirs,...
• Texas Section 21.102 - Notice To Previous Property Owner Required
  Not later than the 180th day after the date an entity that acquired a real property interest through eminent domain determines that the former property...
• Texas Section 21.1021 - Requests For Information Regarding Condemned Property
  (a) On or after the 10th anniversary of the date on which real property was acquired by an entity through eminent domain, a property owner...
• Texas Section 21.1022 - Limitations Period For Repurchase Right
  Notwithstanding Section 21.103, the right to repurchase provided by this subchapter is extinguished on the first anniversary of the expiration of the period for an...
• Texas Section 21.103 - Resale Of Property; Price
  (a) Not later than the 180th day after the date of the postmark on a notice sent under Section 21.102 or a response to a...

Last modified: September 28, 2016