Texas Property Code
§ 21.0421 — ASSESSMENT OF DAMAGES: GROUNDWATER RIGHTS
PR § 21.0421Title 4. ACTIONS AND REMEDIES · Ch. 21. EMINENT DOMAIN · Art. C. DAMAGES AND COSTS
Statute text
View on source(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, Chapter 23, 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
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Legislative history
Added by Acts 2003, 78th Leg., ch. 1032, Sec. 2, eff. Sept. 1, 2003.