(a) If either the owner of the estray or the owner or occupant of the public or private property disagrees with a justice‘s assessment of the payment amount under Section 142.005(b) or 142.006(b-1), the amount in question shall be finally determined according to the procedure prescribed by this section.
(b) The complainant begins the appeal by filing a petition that gives the information listed in Section 142.007 of this code.

Terms Used In Texas Agriculture Code 142.008

  • 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.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Livestock: means cattle, horses, mules, asses, sheep, goats, llamas, alpacas, exotic livestock, including elk and elk hybrids, and hogs, unless otherwise defined. See Texas Agriculture Code 1.003
  • Property: means real and personal property. See Texas Government Code 311.005
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(c) The justice of the peace shall appoint three disinterested persons familiar with livestock and agriculture who reside in the county as special commissioners to determine the amount owed, if any, to the owner of the property or the sheriff, taking into account the time of the notice of discovery given by the property owner.
(d) At the request of the special commissioners for their proceedings, the justice of the peace may compel the attendance of witnesses and the production of testimony, administer oaths, and punish for contempt. The commissioners’ decision as to the amount of any payment is final.

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