Tex. Prop. Code Section 21.0421
Assessment of Damages: Groundwater Rights


(a)

In a condemnation proceeding initiated by a political subdivision under this chapter, the special commissioners or court shall admit evidence relating to the market value of groundwater rights as property apart from the land in addition to the local market value of the real property if:

(1)

the political subdivision proposes to condemn the fee title of real property; and

(2)

the special commissioners or court finds, based on evidence submitted at the hearing, that the real property may be used by the political subdivision to develop or use the rights to groundwater for a public purpose.

(b)

The evidence submitted under Subsection (a) on the market value of the groundwater rights as property apart from the land shall be based on generally accepted appraisal methods and techniques, including the methods of appraisal under Subchapter A (Appraisals Generally), Chapter 23 (Appraisal Methods and Procedures), Tax Code.

(c)

If the special commissioners or court finds that the real property may be used by the political subdivision to develop or use the rights to groundwater for a public purpose, the special commissioners or court may assess damages to the property owner based on:

(1)

the local market value of the real property, excluding the value of the groundwater in place, at the time of the hearing; and

(2)

the market value of the groundwater rights as property apart from the land at the time of the hearing.

(d)

In assessing damages based on the market value of groundwater rights under Subsection (c)(2), the special commissioners or court shall consider:

(1)

the amount of groundwater the political subdivision can reasonably be expected to produce from the property on an annual basis;

(2)

the number of years the political subdivision can reasonably be expected to produce groundwater from the property;

(3)

the quality of the groundwater;

(4)

the location of the real property in relation to the political subdivision for conveyance purposes;

(5)

any potential environmental impact of producing groundwater from the real property;

(6)

whether or not the real property is located within the boundaries of a political subdivision that can regulate the production of groundwater from the real property;

(7)

the cost of alternative water supplies to the political subdivision; and

(8)

any other reasonable factor that affects the market value of a groundwater right.

(e)

This section does not:

(1)

authorize groundwater rights appraised separately from the real property under this section to be appraised separately from real property for property tax appraisal purposes; or

(2)

subject real property condemned for the purpose described by Subsection (a) to an additional tax as provided by Section 23.46 (Additional Taxation) or 23.55 (Change of Use of Land), Tax Code.
Added by Acts 2003, 78th Leg., ch. 1032, Sec. 2, eff. Sept. 1, 2003.

Source: Section 21.0421 — Assessment of Damages: Groundwater Rights, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­21.­htm#21.­0421 (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

§ 21.0421’s source at texas​.gov