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Understanding the Texas Condemnation Process

A step-by-step guide to the eminent domain timeline and procedures for Texas property owners facing condemnation.

Understanding Condemnation: The Legal Process

While “eminent domain” is the government’s power to take property, “condemnation” is the actual legal process used to exercise that power when a property owner doesn’t voluntarily sell. This process has specific steps and deadlines defined primarily under Chapter 21 of the Texas Property Code.

Knowing these steps can help you understand where you are in the timeline and what to expect next. It’s a formal legal proceeding, and navigating it correctly is crucial for protecting your rights.

The Texas Condemnation Timeline: Key Stages

The condemnation process in Texas follows a general timeline, although the duration of each stage can vary greatly depending on the case specifics. Here are the key phases:

Stage 1: Pre-Condemnation Negotiations & Offers

Initial Contact & Survey: The condemning entity (e.g., TxDOT, a pipeline company) will likely contact you about their project and may request permission to survey your property.
Bona Fide Offer: Before filing suit, the entity must make a “bona fide” or good-faith offer based on an appraisal. They must typically provide you with their appraisal report(s).
Negotiation Period: You have the right to negotiate during this phase. Often, the initial offer does not reflect the full compensation you may be entitled to, including damages to your remaining property.
Final Statutory Offer: If negotiations fail, the entity must send a final statutory offer letter, usually via certified mail. This letter typically includes the Texas Landowner’s Bill of Rights and informs you that you have a limited time (often starting 14 days later) before they can file a condemnation lawsuit.

Stage 2: Filing the Condemnation Lawsuit (Petition)

Petition Filed: If no agreement is reached after the final offer period, the condemning entity formally begins the legal process by filing a “Petition” in the appropriate Texas court (usually district or county court at law) in the county where the property is located.
Formal Notice: You will be officially served with the lawsuit papers. This signifies the start of the formal condemnation case.

Stage 3: The Special Commissioners’ Hearing

Appointment of Commissioners: The judge appoints three impartial local landowners as “Special Commissioners.” Their role is not to decide if the taking is proper, but solely to assess the amount of damages (compensation) owed to the landowner based on evidence presented.
The Hearing: A hearing, similar to an informal trial, is scheduled. Both the condemning entity and the landowner (or their attorney) present evidence, typically including appraisal reports and expert testimony, regarding the property’s value and damages.
The Award: After the hearing, the Commissioners issue an “Award,” stating the amount of compensation they determined is owed. The condemning entity usually deposits this amount into the court’s registry. Once the funds are deposited, the entity often has the right to take possession of the property, even if the landowner disagrees with the Award amount.

Stage 4: Objections and District Court Trial

Filing Objections: If either the landowner or the condemning entity disagrees with the amount of the Commissioners’ Award, they must file timely “Objections” with the court. Missing this deadline can be critical.
Case Moves to Court: Filing objections effectively voids the Award and moves the case onto the court’s regular docket. The issue of compensation is then determined “de novo” (meaning “from the beginning”) by the judge or a jury, as if the Commissioners’ Hearing never happened.
Discovery & Litigation: This stage involves formal legal procedures like discovery (exchanging information, depositions), pre-trial motions, and ultimately, a trial focused on determining the just compensation owed.

Stage 5: Potential Appeal

Appealing the Verdict: After the trial court reaches a final judgment, either party may have grounds to appeal the decision to a higher Texas appellate court if they believe legal errors were made during the trial.

How Dawson & Sodd Guides You Through the Process

Navigating the Texas condemnation process requires careful attention to deadlines and procedures. The knowledgeable attorneys at Dawson & Sodd assist landowners at every stage:

Evaluating initial offers and advising on negotiation strategy.
Engaging qualified appraisers to determine fair market value and damages.
Handling all communications and negotiations with the condemning entity.
Preparing and presenting strong evidence at the Special Commissioners’ Hearing.
Filing timely objections if the Award is inadequate.
Conducting discovery and representing your interests vigorously in trial court.
Assessing and handling appeals when necessary.

Our goal is to alleviate the burden on you while ensuring your rights are protected and you pursue the full compensation available under Texas law.

Frequently Asked Questions About the Texas Condemnation Process

There’s no set timeframe. It can range from several months to over a year or longer, depending on factors like how complex the case is, whether negotiations are successful, if objections are filed to the commissioners’ award, and the court’s schedule if the case goes to trial.

While you are not legally required to attend personally if you have legal representation, it can be beneficial. Your attorney will present evidence on your behalf, but your presence can sometimes be helpful. Discuss the strategy for the hearing with your attorney.

Missing the deadline to file objections is critical. If neither party files objections on time, the Commissioners’ Award generally becomes the final judgment in the case, and you lose the ability to have the compensation amount reviewed by the court.

Often, yes. After the Special Commissioners issue an Award and the condemning entity deposits that amount into the court’s registry, the entity usually gains the legal right to take possession of the property, even if you have filed objections and plan to proceed to trial on the compensation amount.

Your Texas
Landowner Rights

Learn about protections regarding surveys, notices, and fair treatment.

Securing Just Compensation

Discover how fair market value and damages are assessed.

Overview of Texas Eminent Domain

Return to our main overview of eminent domain law for detailed info.

Get Help Navigating the
Texas Condemnation Process

The Texas condemnation process involves complex legal procedures and critical deadlines. Having experienced legal counsel familiar with Texas eminent domain law can make a significant difference in the outcome of your case.

If you are facing condemnation, contact Dawson & Sodd today for a free, confidential consultation to discuss where you are in the process and how we can help protect your property rights.