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.
Notes of Decisions
State v. PR Investments & Specialty Retailers, Inc., 180 S.W.3d 654 (Tex. App.—Houston [14th Dist.] 2005).
· cites it 8× “This conclusion is also consistent with what a condemnee is to be awarded under Texas Property Code section 21.0195, if "a court dismisses a condemnation proceeding on the motion of the [Texas Department of Transportation] or as a result of the failure of the department to bring…”
State v. Pr Investments, 132 S.W.3d 55 (Tex. App.—Houston [14th Dist.] 2004).
· cites it 5× “The court awarded attorneys’ fees and expenses based in part on Texas Property Code section 21.0195, which applies only to a condemnation proceeding involving TxDOT.”
State v. Gracia, 56 S.W.3d 196 (Tex. App.—Fort Worth 2001).
“Tex. Prop. Code Ann. § 21.0195 . The DOT contends that section 21.”
State v. J. Grady Brown, Jr., 158 S.W.3d 68 (Tex. App.—Fort Worth 2005).
· cites it 3× “0195, we do not reach the sub-issue of whether it was also correct under section 21.019. We overrule the State’s issue.”
State v. CPS Energy, No. 04-18-00063-CV (Tex. App.—San Antonio July 18, 2018).
· cites it 2× “Texas Property Code Section 21.0195 Section 21.”
State of Texas v. PR Investments & Specialty Retailers, Inc., No. 14-00-00091-CV (Tex. App.—Houston [14th Dist.] Oct. 13, 2005).
· cites it 2× “This conclusion is also consistent with what a condemnee is to be awarded under Texas Property Code section 21.0195, if A a court dismisses a condemnation proceeding on the motion of the [Texas Department of Transportation] or as a result of the failure of the department to…”
Pappas Restaurants, Inc. v. State of Texas, No. 01-15-00001-CV (Tex. App.—Houston [1st Dist.] July 14, 2016).
“In the event of dismissal, Pappas Restaurant asserts its claim for attorneys’ fees and other expenses pursuant to Texas Property Code § 21.0195. Notice of this designation has been provided to all other parties pursuant to Texas Rule of Civil Procedure 21a.”
State v. Hidalgo Cnty. Irrigation Dist. No. 16, No. 13-18-00214-CV (Tex. App.—Corpus Christi June 6, 2019).
“Texas Property Code § 21.0195 narrowly applies to dismissal of condemnation proceedings involving the Texas Department of Transportation.”
Tex. Prop. Code § 21.0195(a): 1 case
State v. Pr Investments, 132 S.W.3d 55 (Tex. App.—Houston [14th Dist.] 2004).
“The court awarded attorneys’ fees and expenses based in part on Texas Property Code section 21.0195, which applies only to a condemnation proceeding involving TxDOT.”
Tex. Prop. Code § 21.0195(c): 5 cases
State v. PR Investments & Specialty Retailers, Inc., 180 S.W.3d 654 (Tex. App.—Houston [14th Dist.] 2005).
“This conclusion is also consistent with what a condemnee is to be awarded under Texas Property Code section 21.0195, if "a court dismisses a condemnation proceeding on the motion of the [Texas Department of Transportation] or as a result of the failure of the department to bring…”
State v. Pr Investments, 132 S.W.3d 55 (Tex. App.—Houston [14th Dist.] 2004).
“The court awarded attorneys’ fees and expenses based in part on Texas Property Code section 21.0195, which applies only to a condemnation proceeding involving TxDOT.”
State v. J. Grady Brown, Jr., 158 S.W.3d 68 (Tex. App.—Fort Worth 2005).
“0195, we do not reach the sub-issue of whether it was also correct under section 21.019. We overrule the State’s issue.”
State of Texas v. PR Investments & Specialty Retailers, Inc., No. 14-00-00091-CV (Tex. App.—Houston [14th Dist.] Oct. 13, 2005).
“This conclusion is also consistent with what a condemnee is to be awarded under Texas Property Code section 21.0195, if A a court dismisses a condemnation proceeding on the motion of the [Texas Department of Transportation] or as a result of the failure of the department to…”
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