Texas Codes
Tex. Prop. Code § 21.044 (2026)
Damages From Temporary Possession
✓ current as of May 2026
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Sec. 21.044. DAMAGES FROM TEMPORARY POSSESSION. (a) If a court finally determines that a condemnor who has taken possession of property pending litigation did not have the right to condemn the property, the court may award to the property owner the damages that resulted from the temporary possession.
(b) The court may order the payment of damages awarded under this section from the award or other money deposited with the court. However, if the award paid to or appropriated by the property owner exceeds the court's final determination of the value of the property, the court shall order the property owner to return the excess to the condemnor.
Acts 1983, 68th Leg., p. 3505, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Notes of Decisions
Cited in 12
cases, 1985–2013 · leading case: In Re JDN Real Est.-McKinney L.P., 211 S.W.3d 907 (Tex. App. 2006).
In Re JDN Real Est.-McKinney L.P., 211 S.W.3d 907 (Tex. App. 2006). “Nevertheless, even if the trial court’s amended writ of possession is for 9.85 acres, the alleged non-conformity is a claim for which there is an adequate remedy, which is provided in section 21.”
Bd. of Regents of the Univ. of Houston Sys. v. FKM P'ship, Ltd., 178 S.W.3d 1 (Tex. App. 2005). “TEX. PROP.CODE § 21.044 (allowing court to award the land owner "the damages that resulted from the temporary possession").”
Manning v. Enbridge Pipelines (East Texas) L.P., 345 S.W.3d 718 (Tex. App. 2011). “019 (West 2004) (when a court grants a motion to dismiss a condemnation proceeding it may make an allowance to the property owner for reasonable and necessary attorney fees incurred by the property owner to the date of the hearing or judgment); Tex. Prop.Code Ann. §§…”
Houston Lighting & Power Co. v. Klein Indep. Sch. Dist., 739 S.W.2d 508 (Tex. App. 1987). “Tex.Prop.Code Ann. § 21.044(a) (Vernon 1984).”
Katherine Elizabeth Williams v. State, 406 S.W.3d 273 (Tex. App. 2013). “” Tex. PROp.Code Ann. § 21.044(b) (West 2004).”
Ludewig v. Houston Pipeline Co., 773 S.W.2d 610 (Tex. App. 1989). “Tex.Prop.Code Ann. § 21.044(a) (Vernon 1984) provides: If a court finally determines that a condemnor who has taken possession of the property pending litigation did not have the right to condemn the property, the court may award to the property owner the damages that resulted…”
Tejas Gas Corp. v. Herrin, 705 S.W.2d 177 (Tex. App. 1985). “Tex.Prop.Code Ann. §§ 21.044, 21.062 (Vernon 1984).”
State v. First Interstate Bank of Texas, N.A., 880 S.W.2d 427 (Tex. App. 1994). “” Tex. Prop.Code Ann. § 21.044(b) (West 1984) (emphasis added).”
State of Texas v. Liberty Nat'l Bank (Tex. App. 1995). “See Tex. Prop. Code Ann. § 21.044 (b) (West 1984) ("[I]f the award paid to or appropriated by the property owner exceeds the court's final determination of the value of the property, the court shall order the property owner to return the excess to the condemnor.”
Scott D. Uptegraph, Jr. & Kara K. Uptegraph v. Sandalwood Civic Club (Tex. App. 2010). “Tex. Prop. Code Ann. § 21.044 (Vernon 2007) (providing damages from temporary possession, stating that court may "award to the property owner the damages that resulted from the temporary possession.”
Sunbelt Props., a P'ship A/ka/A Tigua Shopping Ctr. A/K/A North Loop Bldg. v. State (Tex. App. 2003). “Tex.Prop.Code Ann. § 21.044(b)(Vernon 2000).”
State of Texas v. First Interstate Bank of Texas, N.A., Lienholder (Tex. App. 1994). “" Tex. Prop. Code Ann. § 21.044 (b) (West 1984) (emphasis added).”
Tex. Prop. Code § 21.044(a): 4 cases
In Re JDN Real Est.-McKinney L.P., 211 S.W.3d 907 (Tex. App. 2006). “Nevertheless, even if the trial court’s amended writ of possession is for 9.85 acres, the alleged non-conformity is a claim for which there is an adequate remedy, which is provided in section 21.”
Manning v. Enbridge Pipelines (East Texas) L.P., 345 S.W.3d 718 (Tex. App. 2011). “019 (West 2004) (when a court grants a motion to dismiss a condemnation proceeding it may make an allowance to the property owner for reasonable and necessary attorney fees incurred by the property owner to the date of the hearing or judgment); Tex. Prop.Code Ann. §§…”
Houston Lighting & Power Co. v. Klein Indep. Sch. Dist., 739 S.W.2d 508 (Tex. App. 1987). “Tex.Prop.Code Ann. § 21.044(a) (Vernon 1984).”
Ludewig v. Houston Pipeline Co., 773 S.W.2d 610 (Tex. App. 1989). “Tex.Prop.Code Ann. § 21.044(a) (Vernon 1984) provides: If a court finally determines that a condemnor who has taken possession of the property pending litigation did not have the right to condemn the property, the court may award to the property owner the damages that resulted…”
Tex. Prop. Code § 21.044(b): 3 cases
Katherine Elizabeth Williams v. State, 406 S.W.3d 273 (Tex. App. 2013). “” Tex. PROp.Code Ann. § 21.044(b) (West 2004).”
State v. First Interstate Bank of Texas, N.A., 880 S.W.2d 427 (Tex. App. 1994). “” Tex. Prop.Code Ann. § 21.044(b) (West 1984) (emphasis added).”
Sunbelt Props., a P'ship A/ka/A Tigua Shopping Ctr. A/K/A North Loop Bldg. v. State (Tex. App. 2003). “Tex.Prop.Code Ann. § 21.044(b)(Vernon 2000).”
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