How does the condemnation process work in Texas?

It has been my experience that most landowners do not have a clue as what the condemnation process in Texas requires. As such, below is a brief primer.

A condemnor must follow certain steps when seeking to condemn an interest in property. These steps are spelled out in the Texas Property Code.

The process begins with the condemnor determining that there exists a public need and purpose for the project they seek to undertake. Once that determination is made, the condemnor will hire a surveyor to go out and survey the location of the project. The survey is turned over to a real estate appraiser who is hired to estimate compensation due the landowner for the taking.

The first requirement a condemnor must meet is to make an initial written offer to the landowner. The landowner has thirty days to review the offer. If not accepted, the condemnor must then make a final written offer. This offer must be based on the appraisal. The appraisal as well as a copy of the conveyance documents and a copy of The Landowner Bill of Rights must accompany the final offer. The landowner then has fourteen days to review the offer.

If the offer is not accepted, the condemnor then must file its petition with the court. This filing of this petition begins the “condemnation case.”

Once the petition is filed, the judge of the court appoints three disinterested landowners in the county to serve as special commissioners. The special commissioners will set the time and place for a hearing.

At the hearing, both sides will put on their evidence of what they believe the amount of just compensation owed the landowners should be. After both sides have put on their case, the special commissioners issue their award, their determination of what just compensation is.

If either of the parties are dissatisfied with the award, they can file objections. If objections are filed, the case goes back to the court with either the judge or a jury will, after a trial, enter its judgment as to the amount of just compensation.

This is just a brief synopsis of the process. There are several deadlines and other issues regarding possession that are not covered.

Given the intricacies of a condemnation case, you should consider hiring only a law firm that specializes in these matters in order to make sure your rights are properly protected.