Sec. 21.018. APPEAL FROM COMMISSIONERS' FINDINGS. (a) A party to a condemnation proceeding may object to the findings of the special commissioners by filing a written statement of the objections and their grounds with the court that has jurisdiction of the proceeding. The statement must be filed on or before the first Monday following the 20th day after the day the commissioners file their findings with the court.
(b) If a party files an objection to the findings of the special commissioners, the court shall cite the adverse party and try the case in the same manner as other civil causes.
Acts 1983, 68th Leg., p. 3501 ch. 576, Sec. 1, eff. Jan. 1, 1984.
Notes of Decisions
FKM P'ship, Ltd. v. Bd. of Regents, 255 S.W.3d 619 (Tex. 2008).
· cites it 5× “See TEX. PROP.CODE § 21.018. Beginning with its second amended petition filed in April 2001, the University reduced the size of its proposed acquisition.”
City of Dallas v. Stewart, 361 S.W.3d 562 (Tex. 2012).
· cites it 2× “See Tex. Prop.Code § 21.018 (If there is objection to the commissioners’ decision, the district court shall “try the case in the same manner as other civil eases.”
City of Tyler v. Beck, 196 S.W.3d 784 (Tex. 2006).
· cites it 3× “TEX. PROP. CODE § 21.018(a). Upon the filing of objections, the award is vacated and the administrative proceeding converts into a judicial proceeding.”
Bd. of Regents of the Univ. of Houston Sys. v. FKM P'ship, Ltd., 178 S.W.3d 1 (Tex. App. 2005).
· cites it 4× “The special commissioners must conduct a hearing to determine the amount of damages. TEX. PROP.CODE § 21.015. If a party timely objects to the findings of the special commissioners, the court shall try the case in the same manner as other civil cases.”
In Re STATE of Texas, 85 S.W.3d 871 (Tex. App. 2002).
· cites it 3× “2d at 242 ; see Tex. Prop.Code Ann. § 21.018. The case is tried “in the same manner as other civil causes,” and the special commissioners’ award is inadmissible.”
State v. Brown, 262 S.W.3d 365 (Tex. 2008).
· cites it 2× “at 478-79 (quoting TEX. PROP.CODE § 21.018(b)). Third, we held that TxDOT did not fail "to bring the proceeding properly;" it met the requirements of section 21.”
Musquiz v. Harris Cnty. Flood Control Dist., 31 S.W.3d 664 (Tex. App. 2000).
· cites it 5× “Upon filing the objections, the special commissioners’ award is *667 vacated and the administrative proceeding converts into a normal pending cause with the condemnor as plaintiff for the purpose of proving its right to condemn, and the landowner as defendant.”
— Tex. Prop. Code § 21.018(a) — 41 cases
— Tex. Prop. Code § 21.018(b) — 34 cases
FKM P'ship, Ltd. v. Bd. of Regents, 255 S.W.3d 619 (Tex. 2008).
“See TEX. PROP.CODE § 21.018. Beginning with its second amended petition filed in April 2001, the University reduced the size of its proposed acquisition.”
State v. Brown, 262 S.W.3d 365 (Tex. 2008).
“at 478-79 (quoting TEX. PROP.CODE § 21.018(b)). Third, we held that TxDOT did not fail "to bring the proceeding properly;" it met the requirements of section 21.”
City of Tyler v. Beck, 196 S.W.3d 784 (Tex. 2006).
“TEX. PROP. CODE § 21.018(a). Upon the filing of objections, the award is vacated and the administrative proceeding converts into a judicial proceeding.”
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