Tex. Prop. Code Section 21.047
Assessment of Costs and Fees

(a)

Special commissioners may adjudge the costs of an eminent domain proceeding against any party. If the commissioners award greater damages than the condemnor offered to pay before the proceedings began or if the decision of the commissioners is appealed and a court awards greater damages than the commissioners awarded, the condemnor shall pay all costs. If the commissioners’ award or the court’s determination of the damages is less than or equal to the amount the condemnor offered before proceedings began, the property owner shall pay the costs.

(b)

A condemnor shall pay the initial cost of serving a property owner with notice of a condemnation proceeding. If the property owner is ordered to pay the costs of the proceeding, the condemnor may recover the expense of notice from the property owner as part of the costs.

(c)

Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(i), eff. January 1, 2022.

(d)

If a court hearing a suit under this chapter determines that a condemnor did not make a bona fide offer to acquire the property from the property owner voluntarily as required by Section 21.0113 (Bona Fide Offer Required), the court shall abate the suit, order the condemnor to make a bona fide offer, and order the condemnor to pay:

(1)

all costs as provided by Subsection (a); and

(2)

any reasonable attorney’s fees and other professional fees incurred by the property owner that are directly related to the violation.
Acts 1983, 68th Leg., p. 3506, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 17, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 18, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(i), eff. January 1, 2022.

Source: Section 21.047 — Assessment of Costs and Fees, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­21.­htm#21.­047 (accessed Apr. 20, 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
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Accessed:
Apr. 20, 2024

§ 21.047’s source at texas​.gov