Texas Property Code 29.003 – Hearing On Petition for Forced Sale
Terms Used In Texas Property Code 29.003
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Property: means real and personal property. See Texas Government Code 311.005
At a hearing on a petition filed under § 29.002, the petitioner must prove by clear and convincing evidence that:
(1) the petitioner has paid the defendant‘s share of ad valorem taxes imposed on the property that is the subject of the petition for any three years in a five-year period or, in the case of a nonprofit organization, the petitioner has paid the defendant’s share of ad valorem taxes imposed on the property that is the subject of the petition for any two years in a three-year period;
(2) before the date on which the petition was filed the petitioner made a demand that the defendant reimburse the petitioner for the amount of the defendant’s share of ad valorem taxes imposed on the property paid by the petitioner; and
(3) the defendant has not reimbursed the petitioner more than half of the amount of money the petitioner paid on the defendant’s behalf for the defendant’s share of ad valorem taxes imposed on the property.