Tex. Prop. Code Section 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.

Source: Section 21.0195 — Dismissal of Certain Condemnation Proceedings; Texas Department of Transportation, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­21.­htm#21.­0195 (accessed Dec. 2, 2023).

21.001
Concurrent Jurisdiction 21.002
Transfer of Cases 21.003
District Court Authority 21.011
Standard Procedure 21.012
Condemnation Petition 21.013
Venue 21.014
Special Commissioners 21.015
Hearing 21.016
Notice 21.017
Alternative Pleadings 21.018
Appeal from Commissioners’ Findings 21.019
Dismissal of Condemnation Proceedings 21.020
Reinstatement of Condemnation Proceedings 21.021
Possession Pending Litigation 21.022
Authority of Courts 21.023
Disclosure of Information Required at Time of Acquisition 21.025
Production of Information by Certain Entities 21.041
Evidence 21.042
Assessment of Damages 21.043
Displacement from Dwelling or Place of Business 21.044
Damages from Temporary Possession 21.045
Title Acquired 21.046
Relocation Assistance Program 21.047
Assessment of Costs and Fees 21.048
Statement of Damages and Costs 21.049
Notice of Decision of Special Commissioners 21.061
Judgment on Commissioners’ Findings 21.062
Writ of Possession 21.063
Appeal 21.064
Injunctive Relief 21.065
Vested Interest 21.0101
Effect of Chapter on Survey Access Rights 21.101
Right of Repurchase 21.102
Notice to Previous Property Owner Required 21.103
Resale of Property 21.0111
Disclosure of Certain Information Required 21.0112
Provision of Landowner’s Bill of Rights Statement Required 21.0113
Bona Fide Offer Required 21.0114
Required Terms for Instruments of Conveyance of Certain Easements 21.0121
Condemnation to Acquire Water Rights 21.0195
Dismissal of Certain Condemnation Proceedings 21.0211
Payment of Ad Valorem Taxes 21.0421
Assessment of Damages: Groundwater Rights 21.1021
Requests for Information Regarding Condemned Property 21.1022
Limitations Period for Repurchase Right
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Accessed:
Dec. 2, 2023

§ 21.0195’s source at texas​.gov