Tex. Prop. Code Section 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.

Source: Section 21.021 — Possession Pending Litigation, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­21.­htm#21.­021 (accessed Feb. 22, 2024).

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

Accessed:
Feb. 22, 2024

§ 21.021’s source at texas​.gov