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Tex. Prop. Code § 21.044

DAMAGES FROM TEMPORARY POSSESSION

Applied in 8 court decisions — leading case Houston Lighting & Power Co. v. Klein Independent School District (1987)

Most recently applied in Katherine Elizabeth Williams v. State (June 2013)

Acts 1983, 68th Leg., p. 3505, ch. 576, Sec. 1, eff

How often courts cite this section

1985199020002010201310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) If a court finally determines that a condemnor who has taken possession of property pending litigation did not have the right to condemn the property, the court may award to the property owner the damages that resulted from the temporary possession.

(b) The court may order the payment of damages awarded under this section from the award or other money deposited with the court. However, if the award paid to or appropriated by the property owner exceeds the court's final determination of the value of the property, the court shall order the property owner to return the excess to the condemnor.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.