Texas Codes

Tex. Prop. Code § 21.062 (2026)

Writ Of Possession

✓ laws through the 89th Legislature (2025)
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Sec. 21.062. WRIT OF POSSESSION. If a condemnor in a condemnation proceeding has taken possession of property pending litigation and the court finally decides that the condemnor does not have the right to condemn the property, the court shall order the condemnor to surrender possession of the property and issue a writ of possession to the property owner.

Acts 1983, 68th Leg., p. 3507, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Notes of Decisions
Cited in 3 cases, 1991–1991 · leading case: State ex rel. State High. & Pub. Transp. Comm'n v. Schless, 815 S.W.2d 373 (Tex. App.—Austin 1991).
State ex rel. State High. & Pub. Transp. Comm'n v. Schless, 815 S.W.2d 373 (Tex. App.—Austin 1991). “We do not decide the propriety of the language ordering that a writ of possession issue in the Dowds’ favor, pursuant to Tex.Prop.Code Ann. § 21.062 (1984). That section provides for issuance of a writ of possession in the landowner’s favor “if the court finally decides that the…”
State of Texas v. Honorable Michael J. Schless, No. 03-91-00244-CV (Tex. App.—Austin Sept. 11, 1991). “We do not decide the propriety of the language ordering that a writ of possession issue in the Dowds' favor, pursuant to Tex. Prop. Code Ann. § 21.062 (1984). That section provides for issuance of a writ of possession in the landowner's favor "if the court finally decides that…”
State of Texas v. Honorable J. David Phillips, No. 03-91-00245-CV (Tex. App.—Austin Sept. 11, 1991). “We do not decide the propriety of the language ordering that a writ of possession issue in the Hipps' favor, pursuant to Tex. Prop. Code Ann. § 21.062 (1984). That section provides for issuance of a writ of possession in the landowner's favor "if the court finally decides that…”
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