Texas law
Condemnation is the lawsuit that follows when negotiation fails. It has a distinctive Texas shape: three special commissioners, an award, and a short window to object.
Eminent domain is the power. Condemnation is the proceeding through which it is exercised. In Texas the proceeding runs under Chapter 21 of the Property Code, and it begins only after the entity has satisfied the bona fide offer requirements of section 21.0113.
The entity files a petition in the county where the property lies, describing the property, the interest sought and the public use. Filing does not by itself transfer anything. It starts the valuation machinery.
Under section 21.014 the court appoints three special commissioners, who must be local landowners. Under section 21.015 they hold a hearing, take evidence on value from both sides, and file an award with the court. It is not a trial. There is no judge presiding over the merits and the rules of evidence are applied loosely.
The commissioners award sets the number the entity may deposit to take possession, and it frames the negotiation that follows. Landowners who appear with an appraisal are in a materially different position from those who do not.
Once the award is filed, the entity may deposit that amount with the court and take possession of the property while the case continues. This is the point at which construction can begin on land whose final price has not been decided.
Section 21.018 sets the deadline. A written objection must be filed on or before the first Monday following the twentieth day after the commissioners file their findings with the court. A timely objection vacates the award and converts the matter into an ordinary civil case.
Miss the date and the award becomes the judgment. This is the single most consequential deadline in Texas condemnation practice.
After a timely objection the case is tried like any other civil suit, before a judge or a jury. The question is the amount of adequate compensation, measured by market value and, on a partial taking, by the before and after method.
The objection window is short and it does not extend.
See What to Do When You DisagreeStart with your situation
Learn what the notice may mean and what information you may want to review.
ExploreSituation 02Understand how property acquisition through eminent domain may begin.
ExploreSituation 03Explore questions related to property valuation and compensation.
ExploreSituation 04Learn about issues property owners may consider when they disagree with an offer.
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Common questions
Three local landowners appointed by the court to hear evidence on value and file an award. They are not judges and the proceeding is not a trial.
Depositing the commissioners award with the court allows possession while the case continues. Construction frequently starts before the final amount is decided.
On or before the first Monday following the twentieth day after the commissioners file their findings. It is the most important date in the case.
After a timely objection the case proceeds as an ordinary civil suit, and a jury trial is available on the question of compensation.
Next step
Find out which stage your case has reached and what is due next.