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Texas Transportation Code - Section 254.016. Procedures Governing Property Owner Appeal

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 254.016. Procedures Governing Property Owner Appeal

§ 254.016. PROCEDURES GOVERNING PROPERTY OWNER 
APPEAL.  (a) In an appeal of an assessment under Section 254.015, 
the appellant has the burden of proof.
	(b)  The court that tries the appeal shall determine the 
amount of expense chargeable to the appellant, or the amount of 
compensation due the appellant, as appropriate, and shall enter 
that amount as the court's judgment.
	(c)  Except as provided by Subsection (d), the costs of the 
appeal shall be adjudged against the appellant.
	(d)  The costs of the appeal shall be adjudged against the 
county if the court finds that:
		(1)  the amount chargeable to the appellant is less 
than the amount of expense charged by the jury of view;  or
		(2)  the appellant is entitled to a greater amount of 
compensation as damages than determined by the jury of view.
	(e)  Not later than the fifth day after the date of the 
judgment, the clerk of the court or the justice, as appropriate, 
shall issue a certified copy of the judgment and return it to the 
commissioners court.  The commissioners court shall:
		(1)  file the judgment with the records relating to the 
ditch;  and         
		(2)  enter the judgment as the judgment of the 
commissioners court.         
	(f)  After the commissioners court enters the judgment on 
appeal:            
		(1)  there is no further appeal from the judgment of the 
court for either party to the appeal;  and
		(2)  the appellant is liable for the amount of expense 
or entitled to the amount of compensation, as applicable, as 
determined by the judgment.

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

Last modified: August 10, 2007