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Texas Transportation Code - Section 254.015. Appeals By Property Owners

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 254.015. Appeals By Property Owners

§ 254.015. APPEALS BY PROPERTY OWNERS.  (a) A person 
aggrieved by an assessment may appeal from the final order of the 
commissioners court approving the report of the jury of view to the 
appropriate court in the county by:
		(1)  giving notice of the appeal in open court;                               
		(2)  having the notice entered as part of the judgment 
of the court;  and   
		(3)  filing a transcript of the proceeding in the 
commissioners court with the justice or clerk of the court to which 
the appeal is taken.
	(b)  The transcript must be filed not later than the 10th day 
after the date the judgment of the commissioners court is entered, 
and must be filed with an appeal bond that has at least two good 
sureties.  The appeal bond must:
		(1)  be in an amount that is at least twice the amount 
of the probable costs to accrue;
		(2)  be conditioned that the appellant will prosecute 
the appeal to effect and pay all costs that may be adjudged against 
the appellant in the appeal;  and
		(3)  be approved by the clerk or justice of the court.                        
	(c)  The issue in an appeal from an assessment of expense is 
whether the assessment made against the appellant for construction 
of the ditch is in proportion to the benefit to the real property 
derived from the ditch.
	(d)  The issue in an appeal from an assessment of 
compensation is whether the assessment of compensation made by the 
jury of view is adequate to the damage suffered and to the value of 
the property.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

Last modified: August 10, 2007