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Texas gives landowners procedural protections that begin before an offer is ever made. Knowing what they are, and when each one applies, is the difference between reacting and preparing.
The Landowner Bill of Rights with the initial offer, and remainder damage disclosure.
HB 2730 (2021)A certified written appraisal must support the final offer, and you may obtain your own.
Prop. Code 21.0113The value before, the value of the remainder after, and the difference between them.
Before and afterThe right to appear at the commissioners hearing and to be represented there.
Prop. Code 21.014Two documents carry most of them. Article I Section 17 of the Texas Constitution requires adequate compensation for a taking. Chapter 21 of the Property Code turns that principle into a sequence of steps an entity must follow, each of which gives you something in return.
An entity must deliver the Landowner Bill of Rights, prepared by the Office of the Texas Attorney General, with its initial offer. House Bill 2730, passed in 2021, added plain language disclosure about damage to the remainder, so the offer material should tell you what the project does to the land you keep, not only what it pays for the strip.
A final offer under section 21.0113 must be supported by a written appraisal from a certified appraiser. Owners routinely request that appraisal, because the comparable sales and the remainder analysis inside it are where disagreements begin.
The final offer must equal or exceed the appraisal supporting it. Nothing stops you obtaining your own appraisal, and on a partial taking of a working property that second opinion is often what moves the number, because the entity appraiser rarely knows how the land is used day to day.
If negotiation fails, the court appoints three special commissioners who hold a hearing and set an award. You may appear, present evidence and be represented. Either side may then object, and a timely objection converts the matter into an ordinary lawsuit before a judge or jury.
Some of these are exercised at a moment rather than held indefinitely. The objection to a special commissioners award is due on or before the first Monday following the twentieth day after the commissioners file their findings. Miss it and the award becomes the judgment.
Common situations
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
A final offer must be supported by a written appraisal from a certified appraiser. Owners routinely request a copy as part of negotiation, and the remainder analysis inside it is usually the most useful part.
Yes. You may attend, present evidence and be represented. The commissioners set an award after hearing both sides.
On or before the first Monday following the twentieth day after the commissioners file their findings with the court. That deadline is unforgiving.
Easement terms are frequently negotiated. Width, depth, access routes, repair obligations, crossing rights and restrictions on future use all sit on the table alongside the payment.
Next step
Find which of these rights applies at the stage you are in.