Texas Transportation Code 254.014 – Determination of Damages and Assessments; Action of Commissioners Court
(a) After giving the required notice and conducting a meeting at which all interested persons have been heard, the jury of view shall:
(1) consider all of the partial estimates and the surveyor’s total cost estimate;
(2) draw parallel lines one mile on each side of the ditch; and
(3) apportion to each parcel of real property abutting or within the parallel lines and to the owner of each parcel a proportional share of one-half of the total expense of the ditch, considering the relative amount of benefit to the property derived from the ditch.
(b) The jury shall determine the damages due to any property owner whose property is crossed by any spur, branch, or lateral ditch constructed by order of the commissioners court. Before the ditch may be opened, the damages must be paid by an order of the court out of the money set aside for the ditch.
Terms Used In Texas Transportation Code 254.014
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
(c) The jury shall make a sworn report to the court, signed by at least three jurors, as soon as practicable after its meeting. The report must include:
(1) an accurate description of each tract of property assessed, with the number of acres and the names of the owners; and
(2) the amount assessed against each tract and its owners.
(d) The jury shall return the surveyor’s report and records to the county clerk. The county clerk shall file the jury’s report and the surveyor’s report and records. The reports and records are public information after filing.
(e) The commissioners court shall approve or reject the jury’s report at its next regular or called term.