Sec. 254.016. PROCEDURES GOVERNING PROPERTY OWNER APPEAL. (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.
(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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
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