Texas Water Code
Sec. § 57.270
Appeal of Decree of the Commissioners of Appraisement


(a)

A person or the board may appeal from the decree of the commissioners of appraisement assessing or refusing to assess damages or fixing the value of a right-of-way.

(b)

The only questions considered on an appeal are:

(1)

whether or not just compensation has been allowed for property taken;

(2)

whether or not proper damages have been allowed for property injured; or

(3)

whether or not in fact property has been damaged.

(c)

The appeal shall be taken to the district court of the county of jurisdiction in the manner, under the conditions, and within the time provided by Sections 57.020-57.025 of this code for appeals from judgments of the commissioners court refusing to create the district.

(d)

The district court has jurisdiction of the appeal regardless of the amount claimed.

(e)

The secretary in not less than five days after the appeal is filed shall send to the district clerk:

(1)

the engineer’s report or a certified copy of it;

(2)

a transcript of that part of the commissioners of appraisement’s report affecting the lands concerned in the appeal;

(3)

a transcript of the claim for damages; and

(4)

a transcript of the action of the commissioners of appraisement on the claim.

(f)

Appeals may be consolidated in the district court.

(g)

The trial in the district court shall be de novo, and the proceedings shall be in accordance with the laws of this state for damage suits.

(h)

The claimant is considered the plaintiff, and the district, the defendant, and no further pleadings are required.

(i)

Appeals may be taken from the judgment of the district court as in other civil cases.

(j)

No appeal may delay carrying out the engineer’s report, and if the board pays to the district clerk the amount of damages awarded by the commissioners of appraisement to a claimant who is appealing their decree, and if the board makes bond to pay to the claimant any additional amount that he may be awarded on his appeal, title to the condemned property that is the subject of the appeal vests in the district, and the district is entitled to immediate possession.

(k)

No person may claim damages against the district, its board, officers, or agents because of the prosecution of the engineer’s report if he owns or has an interest in land in a county in which notice has been published of the hearing before the commissioners of appraisement, and he has failed to file a claim for damages or an objection to the damages assessed by the commissioners of appraisement against his land, or if he has filed a claim or objection but has failed to appeal from an adverse ruling on his claim or objection.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971. Amended by Acts 2003, 78th Leg., ch. 248, Sec. 52, eff. June 18, 2003.
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Last accessed
Sep. 20, 2020