Texas Transportation Code 254.016 – Procedures Governing Property Owner Appeal
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(a) In an appeal of an assessment under Section 254.015, the appellant has the burden of proof.
(b) The court that tries the appeal shall determine the amount of expense chargeable to the appellant, or the amount of compensation due the appellant, as appropriate, and shall enter that amount as the court’s judgment.
Terms Used In Texas Transportation Code 254.016
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
(c) Except as provided by Subsection (d), the costs of the appeal shall be adjudged against the appellant.
(d) The costs of the appeal shall be adjudged against the county if the court finds that:
(1) the amount chargeable to the appellant is less than the amount of expense charged by the jury of view; or
(2) the appellant is entitled to a greater amount of compensation as damages than determined by the jury of view.
(e) Not later than the fifth day after the date of the judgment, the clerk of the court or the justice, as appropriate, shall issue a certified copy of the judgment and return it to the commissioners court. The commissioners court shall:
(1) file the judgment with the records relating to the ditch; and
(2) enter the judgment as the judgment of the commissioners court.
(f) After the commissioners court enters the judgment on appeal:
(1) there is no further appeal from the judgment of the court for either party to the appeal; and
(2) the appellant is liable for the amount of expense or entitled to the amount of compensation, as applicable, as determined by the judgment.