Sec. 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, after the special commissioners have made an award, in an effort to obtain a lower award a condemnor may not dismiss the condemnation proceedings merely to institute new proceedings that involve substantially the same condemnation against the same property owner.
(b) A court that hears and grants a motion to dismiss a condemnation proceeding made by a condemnor under Subsection (a) shall make an allowance to the property owner for reasonable and necessary fees for attorneys, appraisers, and photographers and for the other expenses incurred by the property owner to the date of the hearing.
(c) A court that hears and grants a motion to dismiss a condemnation proceeding made by a property owner seeking a judicial denial of the right to condemn or that otherwise renders a judgment denying the right to condemn may make an allowance to the property owner for reasonable and necessary fees for attorneys, appraisers, and photographers and for the other expenses incurred by the property owner to the date of the hearing or judgment.
Acts 1983, 68th Leg., p. 3501, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1987, 70th Leg., ch. 483, Sec. 1, eff. Aug. 31, 1987.
Structure Texas Statutes
Title 4 - Actions and Remedies
Section 21.0101. Effect of Chapter on Survey Access Rights
Section 21.011. Standard Procedure
Section 21.0111. Disclosure of Certain Information Required; Initial Offer
Section 21.0112. Provision of Landowner's Bill of Rights Statement Required
Section 21.0113. Bona Fide Offer Required
Section 21.0114. Required Terms for Instruments of Conveyance of Certain Easements
Section 21.012. Condemnation Petition
Section 21.0121. Condemnation to Acquire Water Rights
Section 21.013. Venue; Fees and Processing for Suit Filed in District Court
Section 21.014. Special Commissioners
Section 21.017. Alternative Pleadings
Section 21.018. Appeal From Commissioners' Findings
Section 21.019. Dismissal of Condemnation Proceedings
Section 21.0195. Dismissal of Certain Condemnation Proceedings; Texas Department of Transportation
Section 21.020. Reinstatement of Condemnation Proceedings
Section 21.021. Possession Pending Litigation
Section 21.0211. Payment of Ad Valorem Taxes
Section 21.022. Authority of Courts
Section 21.023. Disclosure of Information Required at Time of Acquisition
Section 21.025. Production of Information by Certain Entities