Tex. Prop. Code § 21.044 · Subchapter C. DAMAGES AND COSTS
DAMAGES FROM TEMPORARY POSSESSION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Acts 1983, 68th Leg., p. 3505, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.21.htm
- Text hash
- sha256 a315c719efd027a6eb9a1a2e6f8a0edba23ae59c034d0d779d6aedb78bca1f3e
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.