(a) Not later than the 15th day after the date the commissioners court makes an assessment under this subchapter, the owner of an interest in property against which the assessment has been made may file suit in district court to contest the:
(1) amount of the assessment; or
(2) accuracy or validity of a proceeding or determination related to the assessment or improvement.
(b) A property owner may file suit under this section not later than the 15th day after the date the property owner receives actual notice of the results of the public hearing if the owner shows by a preponderance of the evidence that notice of the hearing was not:
(1) mailed or delivered to the owner in the form or manner required by Section 286.047; or
(2) published in the form or manner required by Section 286.047.

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Terms Used In Texas Transportation Code 286.049

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Property: means real and personal property. See Texas Government Code 311.005

(c) A person who does not file suit within the time stated in this section waives a complaint because of a determination or proceeding of the commissioners court related to an order for an improvement or an assessment.

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