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Terms Used In Texas Property Code 21.062

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Property: means real and personal property. See Texas Government Code 311.005
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

If a condemnor in a condemnation proceeding has taken possession of property pending litigation and the court finally decides that the condemnor does not have the right to condemn the property, the court shall order the condemnor to surrender possession of the property and issue a writ of possession to the property owner.