Sec. 21.021. POSSESSION PENDING LITIGATION. (a) After the special commissioners have made an award in a condemnation proceeding, except as provided by Subsection (c) of this section, the condemnor may take possession of the condemned property pending the results of further litigation if the condemnor:
(1) pays to the property owner the amount of damages and costs awarded by the special commissioners or deposits that amount of money with the court subject to the order of the property owner;
(2) deposits with the court either the amount of money awarded by the special commissioners as damages or a surety bond in the same amount issued by a surety company qualified to do business in this state, conditioned to secure the payment of an award of damages by the court in excess of the award of the special commissioners; and
(3) executes a bond that has two or more good and solvent sureties approved by the judge of the court in which the proceeding is pending and conditioned to secure the payment of additional costs that may be awarded to the property owner by the trial court or on appeal.
(b) A court shall hold money or a bond deposited under Subdivision (1) or (2) of Subsection (a) to secure the payment of the damages that have been or that may be awarded against the condemnor.
(c) This state, a county, or a municipal corporation or an irrigation, water improvement, or water power control district created under legal authority is not required to deposit a bond or the amount equal to the award of damages under Subdivisions (2) and (3) of Subsection (a).
(d) If a condemnor deposits money with a court under Subdivision (2) of Subsection (a), the condemnor may instruct the court to deposit or invest the money in any account with or certificate or security issued by a state or national bank in this state. The court shall pay the interest that accrues from the deposit or investment to the condemnor.
Acts 1983, 68th Leg., p. 3502, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 1(b), eff. Oct. 2, 1984.
Notes of Decisions
FKM P'ship, Ltd. v. Bd. of Regents, 255 S.W.3d 619 (Tex. 2008).
· cites it 2× “See TEX. PROP.CODE § 21.021. FKM timely objected to the commissioners' findings and requested a de novo jury trial.”
City of Austin v. Harry M. Whittington, 384 S.W.3d 766 (Tex. 2012).
· cites it 2× “Tex. Prop.Code § 21.021. The City then spent $15-18 million building a 740-space parking garage on 70% of Block 38, which opened in February 2005, and constructed District Cooling Plant 2 on the remaining portion of Block 38.”
Westgate, Ltd. v. State, 843 S.W.2d 448 (Tex. 1992).
· cites it 2× “[2] The record does not disclose when the other Westgate partners learned of the highway project, but there is no contention that anyone associated with Westgate had knowledge of the project prior to October 20.”
Whittington v. City of Austin, 456 S.W.3d 692 (Tex. App. 2015).
· cites it 9× “See Tex. Prop. Code § 21.021. Under the Code, “[ajfter the special commissioners have made an award in a condemnation proceeding, .”
Whittington v. City of Austin, 174 S.W.3d 889 (Tex. App. 2005).
“Tex. Prop.Code Ann. § 21.021. The Whittingtons contend that prejudgment interest should instead accrue beginning on July 22, 2000, which they represent was 180 days after the City first sent them written notice of its intent to condemn the property.”
Murray v. Devco, Ltd., 731 S.W.2d 555 (Tex. 1987).
“Possession — Waiver of Right to Dismiss After the Commissioners have made an award in a condemnation proceeding, a condemnor may take possession of the condemned property pending litigation if the condemnor pays the award to the property owner or the court and executes a bond.”
State v. First Interstate Bank of Texas, N.A., 880 S.W.2d 427 (Tex. App. 1994).
· cites it 2× “Under this enactment, the condemnor might obtain possession of the condemned property pendente lite, provided he deposited twice the amount of damages fixed by the commissioners.”
— Tex. Prop. Code § 21.021(a) — 12 cases
Westgate, Ltd. v. State, 843 S.W.2d 448 (Tex. 1992).
“[2] The record does not disclose when the other Westgate partners learned of the highway project, but there is no contention that anyone associated with Westgate had knowledge of the project prior to October 20.”
City of Austin v. Harry M. Whittington, 384 S.W.3d 766 (Tex. 2012).
“Tex. Prop.Code § 21.021. The City then spent $15-18 million building a 740-space parking garage on 70% of Block 38, which opened in February 2005, and constructed District Cooling Plant 2 on the remaining portion of Block 38.”
Whittington v. City of Austin, 456 S.W.3d 692 (Tex. App. 2015).
“See Tex. Prop. Code § 21.021. Under the Code, “[ajfter the special commissioners have made an award in a condemnation proceeding, .”
— Tex. Prop. Code § 21.021(a)(1) — 13 cases
State v. First Interstate Bank of Texas, N.A., 880 S.W.2d 427 (Tex. App. 1994).
“Under this enactment, the condemnor might obtain possession of the condemned property pendente lite, provided he deposited twice the amount of damages fixed by the commissioners.”
Whittington v. City of Austin, 456 S.W.3d 692 (Tex. App. 2015).
“See Tex. Prop. Code § 21.021. Under the Code, “[ajfter the special commissioners have made an award in a condemnation proceeding, .”
— Tex. Prop. Code § 21.021(a)(2) — 5 cases
Whittington v. City of Austin, 456 S.W.3d 692 (Tex. App. 2015).
“See Tex. Prop. Code § 21.021. Under the Code, “[ajfter the special commissioners have made an award in a condemnation proceeding, .”
— Tex. Prop. Code § 21.021(d) — 2 cases
Whittington v. City of Austin, 456 S.W.3d 692 (Tex. App. 2015).
“See Tex. Prop. Code § 21.021. Under the Code, “[ajfter the special commissioners have made an award in a condemnation proceeding, .”
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