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Seven stages, from the first survey request to the special commissioners award and whatever follows it. Cases can settle at any point, but the order rarely changes.
An entity plans a project and identifies the tracts it needs.
A right of way agent makes contact and asks for survey permission.
An appraiser values the part sought and the effect on the remainder.
The initial written offer arrives with the Landowner Bill of Rights.
A final offer follows, supported by a certified written appraisal.
A petition is filed and special commissioners hold a hearing.
The award stands, or a party objects and the case goes to court.
Long before an owner hears anything, an entity studies routes, prepares environmental and engineering work and identifies the tracts it needs. For a pipeline that means an alignment. For TxDOT it means a right of way map. This period can run for years.
A right of way agent makes contact, usually asking permission to enter and survey. The terms of that entry, including timing, scope, notice and repair of damage, are negotiable rather than automatic.
An appraiser values the interest sought and the effect on the remainder. On a partial taking this is the before and after analysis, and it is where most of the money sits.
The initial written offer arrives, and the Landowner Bill of Rights must come with it. Read the disclosure about damage to the remainder alongside the number, because the two belong together.
Under section 21.0113 the final offer may not come before the thirtieth day after the initial written offer, must be supported by a certified written appraisal, must equal or exceed it, and must give you at least fourteen days to respond.
The parties negotiate on price and on terms. Many Texas matters settle here, particularly where the easement terms rather than the payment were the real problem.
If there is no agreement the entity files a petition. Under section 21.014 the court appoints three special commissioners, who hold a hearing under section 21.015 and file an award with the court.
The award stands unless a party objects. Under section 21.018 the objection is due on or before the first Monday following the twentieth day after the findings are filed. A timely objection turns the case into an ordinary lawsuit, tried before a judge or a jury.
Important documents
Prepared by the Attorney General and delivered with the initial offer.
Thirty days apart, the second supported by a certified appraisal.
The comparable sales, the highest and best use and the remainder analysis.
The filing that starts the case and the commissioners findings that follow.
Start 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.
ExploreRelated resources
More Texas resources are on the way. New guides publish every week.
Common questions
It varies with the project and the entity. Route study and appraisal can run for months or years. From initial offer to a commissioners hearing is commonly several months. A case that goes to trial after an objection can run considerably longer.
Three commissioners appointed by the court hear evidence about value and file an award. It is not a trial, but it is the first formal valuation decision in the case.
If nobody objects in time, the award becomes the judgment. If a party objects within the statutory window, the case proceeds as an ordinary lawsuit.
Depositing the award amount with the court allows the entity to take possession while the case continues. That is a common point of surprise for landowners.
Next step
Work out which stage applies to your land, and what is due at that stage.