Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 22.041 - Plea for Removal of Improvements(a) A defendant in a trespass to try title action who is not the rightful owner of the property in controversy may remove improvements made to the property if: (1) the defendant, and those under whom the defendant claims, possessed the property, and made permanent and valuable improvements to it, without intent to defraud; and(2) the improvements can be removed without substantial and permanent damage to the property.(b) The pleadings of a defendant who seeks to remove improvements must contain:(1) a statement that the defendant, and those under whom the defendant claims, adversely possessed the property, and made permanent and valuable improvements to it, without intent to defraud;(2) a statement identifying the improvements; and(3) an offer to provide a surety bond in an amount and conditioned as required by this section.(c) Before removing the improvements, the defendant must post a surety bond in an amount determined by the court, conditioned on the removal of the improvements in a manner that substantially restores the property to the condition it was in before the improvements were made. Acts 1983, 68th Leg., p. 3511, ch. 576, Sec. 1, eff. 1/1/1984.