Texas Codes

Tex. Prop. Code § 21.042 (2026)

Assessment Of Damages

✓ current as of May 2026

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Sec. 21.042. ASSESSMENT OF DAMAGES. (a) The special commissioners shall assess damages in a condemnation proceeding according to the evidence presented at the hearing.

(b) If an entire tract or parcel of real property is condemned, the damage to the property owner is the local market value of the property at the time of the special commissioners' hearing.

(c) If a portion of a tract or parcel of real property is condemned, the special commissioners shall determine the damage to the property owner after estimating the extent of the injury and benefit to the property owner, including the effect of the condemnation on the value of the property owner's remaining property.

(d) In estimating injury or benefit under Subsection (c), the special commissioners shall consider an injury or benefit that is peculiar to the property owner and that relates to the property owner's ownership, use, or enjoyment of the particular parcel of real property, including a material impairment of direct access on or off the remaining property that affects the market value of the remaining property, but they may not consider an injury or benefit that the property owner experiences in common with the general community, including circuity of travel and diversion of traffic. In this subsection, "direct access" means ingress and egress on or off a public road, street, or highway at a location where the remaining property adjoins that road, street, or highway.

(e) If a portion of a tract or parcel of real property is condemned for the use, construction, operation, or maintenance of the state highway system or of a county toll project described by Chapter 284, Transportation Code, that is eligible for designation as part of the state highway system, or for the use, construction, development, operation, or maintenance of an improvement or project by a metropolitan rapid transit authority created before January 1, 1980, with a principal municipality having a population of less than 1.9 million and established under Chapter 451, Transportation Code, the special commissioners shall determine the damage to the property owner regardless of whether the property owner makes a claim for damages to the remaining property. In awarding compensation or assessing the damages, the special commissioners shall consider any special and direct benefits that arise from the highway improvement or the transit authority improvement or project that are peculiar to the property owner and that relate to the property owner's ownership, use, or enjoyment of the particular parcel of remaining real property.

(f) In awarding compensation or assessing damages for a condemnation by an institution of higher education, as defined by Section 61.003, Education Code, the special commissioners may not include in the compensation or damages any amount that compensates for, or is based on the present value of, an exemption from ad valorem taxation applicable to the property before its condemnation.

(g) Notwithstanding Subsection (d), if a portion of a tract or parcel of real property that, for the then current tax year was appraised for ad valorem tax purposes under a law enacted under Section 1-d or 1-d-1, Article VIII, Texas Constitution, and is outside the municipal limits or the extraterritorial jurisdiction of a municipality with a population of 5,000 or more is condemned for state highway purposes, the special commissioners shall consider the loss of reasonable access to or from the remaining property in determining the damage to the property owner.

Acts 1983, 68th Leg., p. 3504, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 29, Sec. 1, eff. Oct. 2, 1984; Acts 1989, 71st Leg., ch. 734, Sec. 5, eff. June 15, 1989; Acts 1997, 75th Leg., ch. 165, Sec. 30.244, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 669, Sec. 117, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1266, Sec. 1.15, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.94, eff. June 14, 2005.

Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 15, eff. September 1, 2011.

Notes of Decisions

Cited in 80 cases (5 in the last 5 years), 1986–2025 · leading case: City of Harlingen v. Est. of Sharboneau, 48 S.W.3d 177 (Tex. 2001).

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City of Harlingen v. Est. of Sharboneau, 48 S.W.3d 177 (Tex. 2001). · cites it 6× “Both the United States and Texas Constitutions require governments to compensate landowners for takings of their property for public use.”

Interstate Northborough P'ship v. State, 66 S.W.3d 213 (Tex. 2001). · cites it 2× “Tex. PROP.Code § 21.042(c). We calculate condemnation damages to remainder property when only part was taken for public use by ascertaining the difference between the market value of the remainder property immediately before the condemnation and the market value of the remainder…”

Cnty. of Bexar v. Santikos, 144 S.W.3d 455 (Tex. 2004). · cites it 3× “2d 194, 197 (1936); see also Tex. Prop. Code § 21.042(c). 10 . Interstate Northborough P'ship v.”

State v. McCarley, 247 S.W.3d 323 (Tex. App. 2008). · cites it 6× “*338 Tex. Prop.Code Ann. § 21.042(c) (West 2000).”

State v. Munday Enter., 824 S.W.2d 643 (Tex. App. 1992). · cites it 6× “See Tex. Prop. Code Ann. § 21.042 (c) (1984).”

Dallas Cnty. v. Crestview Corners Car Wash, 370 S.W.3d 25 (Tex. App. 2012). · cites it 3× “See Tex. Prop.Code Ann. § 21.042; Kennedy v. City of Dallas, 201 S.”

Westgate, Ltd. v. State, 843 S.W.2d 448 (Tex. 1992). · cites it 2× “See Tex.Prop.Code § 21.042. If, however, the government appropriates property without paying adequate compensation, the owner may recover the resulting damages in an "inverse condemnation" suit.”

Dahl Ex Rel. Dahl v. State, 92 S.W.3d 856 (Tex. App. 2002). · cites it 2× “See Tex. PROp.Code ANN. § 21.042(b) (Vernon Supp.”

Taub v. City of Deer Park, 882 S.W.2d 824 (Tex. 1994). · cites it 3× “Tex.Prop.Code Ann. § 21.042(c) (Vernon 1984).”

Religious of the Sacred Heart of Texas v. City of Houston, 836 S.W.2d 606 (Tex. 1992). · cites it 2× “, Tex.Prop.Code Ann. § 21.042(c) (Vernon 1984); Callejo v.”

State v. Momin Props., Inc. & W & J Investments, Inc. D/B/A Gas \N\" Stuff", 409 S.W.3d 1 (Tex. App. 2013). · cites it 3× “Subsection 21.042(d) provides: In estimating injury or benefit under Subsection (c) [which requires the special commissioners to determine damages], the special commissioners shall consider an injury or benefit that is peculiar to the property owner and that relates to the…”

State v. Heal, 917 S.W.2d 6 (Tex. 1996). “Tex.PROP.Code § 21.042(d). The State argues that any increased traffic contributing to the bottleneck affects the entire neighborhood, and thus the damages are community injuries.”

Show all 80 citing cases →

— Tex. Prop. Code § 21.042(a) — 3 cases

G.P. Show Prods., Inc. v. Arlington Sports Facilities Dev. Auth., Inc., 873 S.W.2d 120 (Tex. App. 1994).

Lyndon Mayberry v. Kinder Morgan Crude & Condensate, LLC (Tex. App. 2018).

in Re City of Houston (Tex. App. 2013).

— Tex. Prop. Code § 21.042(b) — 19 cases

City of Harlingen v. Est. of Sharboneau, 48 S.W.3d 177 (Tex. 2001). “Both the United States and Texas Constitutions require governments to compensate landowners for takings of their property for public use.”

Dahl Ex Rel. Dahl v. State, 92 S.W.3d 856 (Tex. App. 2002). “See Tex. PROp.Code ANN. § 21.042(b) (Vernon Supp.”

City of Houston v. Precast Structures, Inc., 60 S.W.3d 331 (Tex. App. 2001).

State v. Munday Enter., 824 S.W.2d 643 (Tex. App. 1992). “See Tex. Prop. Code Ann. § 21.042 (c) (1984).”

Collin Cnty. v. Hixon Fam. P'ship, Ltd., 365 S.W.3d 860 (Tex. App. 2012).

— Tex. Prop. Code § 21.042(c) — 24 cases

Interstate Northborough P'ship v. State, 66 S.W.3d 213 (Tex. 2001). “Tex. PROP.Code § 21.042(c). We calculate condemnation damages to remainder property when only part was taken for public use by ascertaining the difference between the market value of the remainder property immediately before the condemnation and the market value of the remainder…”

Cnty. of Bexar v. Santikos, 144 S.W.3d 455 (Tex. 2004). “2d 194, 197 (1936); see also Tex. Prop. Code § 21.042(c). 10 . Interstate Northborough P'ship v.”

Religious of the Sacred Heart of Texas v. City of Houston, 836 S.W.2d 606 (Tex. 1992). “, Tex.Prop.Code Ann. § 21.042(c) (Vernon 1984); Callejo v.”

Taub v. City of Deer Park, 882 S.W.2d 824 (Tex. 1994). “Tex.Prop.Code Ann. § 21.042(c) (Vernon 1984).”

Pr Investments & Specialty Retailers, Inc. v. the State of Texas, 251 S.W.3d 472 (Tex. 2008).

— Tex. Prop. Code § 21.042(d) — 26 cases

State v. McCarley, 247 S.W.3d 323 (Tex. App. 2008). “*338 Tex. Prop.Code Ann. § 21.042(c) (West 2000).”

Cnty. of Bexar v. Santikos, 144 S.W.3d 455 (Tex. 2004). “2d 194, 197 (1936); see also Tex. Prop. Code § 21.042(c). 10 . Interstate Northborough P'ship v.”

State v. Munday Enter., 824 S.W.2d 643 (Tex. App. 1992). “See Tex. Prop. Code Ann. § 21.042 (c) (1984).”

— Tex. Prop. Code § 21.042(e) — 3 cases

State v. Windham, 837 S.W.2d 73 (Tex. 1992).

Roberts v. State, 754 S.W.2d 477 (Tex. App. 1988).

State v. Enter. Co., 728 S.W.2d 812 (Tex. App. 1986).

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