Texas § 21.101 RIGHT OF REPURCHASE.

Texas Statutes

§ 21.101 — RIGHT OF REPURCHASE.

Texas § 21.101

Code PRProperty Code

This text of Texas § 21.101 (RIGHT OF REPURCHASE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Property Code Code Ann. § 21.101 (2026).

Text

Sec. 21.101. RIGHT OF REPURCHASE.

(a)A person from whom a real property interest is acquired by an entity through eminent domain for a public use, or that person's heirs, successors, or assigns, is entitled to repurchase the property as provided by this subchapter if:

(1)the public use for which the property was acquired through eminent domain is canceled before the property is used for that public use;

(2)no actual progress is made toward the public use for which the property was acquired between the date of acquisition and the 10th anniversary of that date;

(3)the property becomes unnecessary for the public use for which the property was acquired, or a substantially similar public use, before the 10th anniversary of the date of acquisition;

(4)the entity that acquired the property t

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Sec. 21.101. RIGHT OF REPURCHASE. (a) A person from whom a real property interest is acquired by an entity through eminent domain for a public use, or that person's heirs, successors, or assigns, is entitled to repurchase the property as provided by this subchapter if:
(1) the public use for which the property was acquired through eminent domain is canceled before the property is used for that public use;
(2) no actual progress is made toward the public use for which the property was acquired between the date of acquisition and the 10th anniversary of that date;
(3) the property becomes unnecessary for the public use for which the property was acquired, or a substantially similar public use, before the 10th anniversary of the date of acquisition;
(4) the entity that acquired the property through eminent domain:
(A) has an obligation to pay ad valorem taxes on the acquired property;
(B) has received a tax bill from the taxing authority for the ad valorem taxes on the acquired property; and
(C) has failed to pay any ad valorem taxes on the acquired property before the third anniversary of the date on which the unpaid taxes became due; or
(5) the entity:
(A) acquired through eminent domain a fee simple interest in the property;
(B) has an obligation to pay ad valorem taxes on the acquired property;
(C) has received a tax bill from the taxing authority for the ad valorem taxes on the acquired property; and
(D) has failed to pay any ad valorem taxes on the acquired property before the third anniversary of the date on which the unpaid taxes became due.
(b) In this section, "actual progress" means the completion of three or more of the following actions:
(1) the performance of a significant amount of labor to develop the property or other property acquired for the same public use project for which the property owner's property was acquired;
(2) the provision of a significant amount of materials to develop the property or other property acquired for the same public use project for which the property owner's property was acquired;
(3) the hiring of or contracting with and the performance of a significant amount of work by an architect, engineer, or surveyor to prepare a plan, plat, or easement that includes the property or other property acquired for the same public use project for which the property owner's property was acquired;
(4) application for state or federal funds to develop the property or other property acquired for the same public use project for which the property owner's property was acquired; or
(5) application for a state or federal permit or certificate to develop the property or other property acquired for the same public use project for which the property owner's property was acquired.
(b-1) Notwithstanding Subsection (b), a navigation district or port authority, or a water district implementing a project included in the state water plan adopted by the Texas Water Development Board, may establish actual progress for purposes of this section by:
(1) the completion of one action described by Subsection (b); and
(2) the adoption by a majority of the entity's governing body at a public hearing of a development plan for a public use project that indicates that the entity will not complete more than one action described by Subsection (b) before the 10th anniversary of the date of acquisition of the property.
(c) A district court may determine all issues in any suit regarding the repurchase of a real property interest acquired through eminent domain by the former property owner or the owner's heirs, successors, or assigns.

David Hornberger, in His Official Capacity, Ryan Anderson, in His Official Capacity, Brian Hamilton, in His Official Capacity, Bonnie Giddens, in Her Official Capacity, Lisa Krenger, in Her Official Capacity, Perry Shankle, in His Official Capacity, Stacy Sharp, in Her Official Capacity, Dr. Dana Bashara, in Her Official Capacity, and Alamo Heights Independent School District v. Selina Jones, Roy Hummel and Leslie Michelle Pruitt

(Court of Appeals of Texas, 2024)

JRJ Pusok Holdings, LLC v. the State of Texas and Kyle Madsen in His Official Capacity as Director of Right of Way

(Court of Appeals of Texas, 2024)

James Fredrick Miles v. Texas Central Railroad & Infrastructure, Inc. and Integrated Texas Logistics, Inc.

(Texas Supreme Court, 2022)

Larry and Shelia Ball v. the City of Pearland

(Court of Appeals of Texas, 2021)

Legislative History

Added by Acts 2003, 78th Leg., ch. 1307, Sec. 2, eff. Jan. 1, 2004. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18 ), Sec. 19, eff. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. 86 (S.B. 726 ), Sec. 1, eff. September 1, 2021. Acts 2025, 89th Leg., R.S., Ch. 938 (H.B. 2011 ), Sec. 1, eff. September 1, 2025.