Sec. 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 dismiss a proceeding it files, and the court shall conduct a hearing on the motion. The court may grant the motion only if the court determines that the property owner's interest will not be materially affected by the dismissal. The department may not dismiss the condemnation proceedings merely to institute new proceedings that involve substantially the same condemnation against the same property owner solely to obtain a lower condemnation award.
(c) If a court dismisses a condemnation proceeding on the motion of the department or as a result of the failure of the department to bring the proceeding properly, the court shall make an allowance to the property owner for the value of the department's use of the property while in possession of the property, any damage that the condemnation has caused to the property owner, and any expenses the property owner has incurred in connection with the condemnation, including reasonable and necessary fees for attorneys.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.46(a), eff. Sept. 1, 1997.
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