Do You Disagree With an Eminent Domain Offer?

Understanding the disagreement

The statutory scheme assumes the parties will not agree at first. That is why an entity must make an initial offer, then a final one supported by an appraisal, and why the court appoints commissioners when negotiation fails.

Where the gap usually sits

• Property value. Which comparable sales were used, and how each was adjusted.
• Partial taking. Whether the before and after analysis was done properly, or only the strip was priced.
• Access. A driveway, median or grade change that alters what the remainder is worth.
• Easements. Terms that restrict use far beyond what the payment reflects.
• Remaining property. A tract cut in two, separated from water, or left in an unusable shape.

The special commissioners hearing

When there is no agreement the entity files a petition. Under section 21.014 the court appoints three special commissioners, and under section 21.015 they hold a hearing and file an award with the court. You may appear, present evidence and be represented. It is not a trial, but it is the first formal valuation decision in the case.

The objection deadline

Section 21.018 sets it. An objection to the commissioners award is due on or before the first Monday following the twentieth day after the commissioners file their findings with the court. File in time and the case becomes an ordinary lawsuit, tried before a judge or jury. Miss it and the award becomes the judgment.

Information to review

• Both appraisals, side by side, comparable sale by comparable sale
• The before and after figures, and what changed between them
• The alignment sheet showing exactly what the project builds
• The proposed easement terms and every restriction in them
• Photographs and records of how the land is used today
• The date the commissioners filed their findings