By Erick Holguin, Perez Law Firm, PLLC · November 10, 2026 · Texas Eminent Domain Blog
Short answer: There is no single timeline. Some acquisitions settle within a few months of the first offer; contested cases can run a year or more if they go to trial. What Texas law does fix are the steps and several short deadlines along the way. The one landowners most often miss is the deadline to object to the special commissioners’ award, which can come up only a few weeks after the hearing.
Stage 1: Notice and the Landowner Bill of Rights
The process usually starts before any offer, with survey requests, public meetings or a letter from a right-of-way agent. An entity with eminent domain power must give you the Texas Attorney General’s Landowner Bill of Rights no later than the time it first tells you it has that power, and at least seven days before its final offer.
What to do: keep every letter and envelope, and don’t sign a survey or entry permit until you understand what it allows.
Stage 2: The initial offer
The condemning entity must make a written initial offer. It is usually based on the entity’s own appraisal and describes the land or easement it wants. You can negotiate, ask questions or simply wait for the final offer. See initial and final offers in Texas.
Stage 3: The final offer (at least 30 days later)
The final written offer must come at least 30 days after the initial offer. With it, the entity must disclose the appraisal reports it relied on that were prepared in the 10 years before the offer. It must then give you at least 14 days to respond before filing suit.
What to do: this is the best time to have the offer and the proposed deed or easement reviewed, and to start building your own evidence of value.
Stage 4: The condemnation petition
If there is no agreement, the entity files a petition in the county where the property is located. The petition must describe the property, state the public use, and say that the parties could not agree on value, that you received the Landowner Bill of Rights and that a bona fide offer was made.
Stage 5: Special commissioners are appointed
The judge appoints three local landowners as special commissioners, plus alternates, generally within about 30 days of the filing. Each side has a short window, measured in days, to strike one commissioner. These deadlines pass quickly, so it matters who is on your side by this point.
Stage 6: The special commissioners’ hearing
The commissioners set a hearing and send written notice. Both sides present evidence of value, usually through appraisers, and can question each other’s witnesses. If you rely on your own appraisal, Texas law requires you to give it to the condemning entity within 10 days after you receive it or three business days before the hearing, whichever is earlier. Read more about what happens at the hearing.
Stage 7: The award and possession
The commissioners file a written award. The entity can then take possession by paying the award or depositing it with the court, even if someone objects. You can usually withdraw the deposit, but doing so generally means you can no longer challenge the entity’s right to take the property, only the amount.
Stage 8: Objections, the deadline that matters most
If either side disagrees with the award, it must file written objections by the first Monday after the 20th day after the commissioners file their findings. If no one objects in time, the award generally becomes the court’s final judgment.
Stage 9: Trial and appeal
Once objections are filed, the case proceeds like other civil lawsuits, with discovery, expert witnesses and, if you choose, a jury trial on value. Either side can appeal the judgment. This is the stage where cases take the longest.
Timeline at a glance
| Step | Key timing rule |
|---|---|
| Landowner Bill of Rights | When the entity first claims eminent domain power, and at least 7 days before the final offer |
| Final offer | At least 30 days after the initial offer, with appraisals from the past 10 years |
| Time to respond | At least 14 days after the final offer before suit is filed |
| Commissioners appointed | Generally within about 30 days after the petition is filed |
| Your appraisal to the entity | 10 days after you receive it or 3 business days before the hearing, whichever is earlier |
| Objections to the award | First Monday after the 20th day after the award is filed |
Frequently asked questions
Can I stop the process by not responding?
No. Silence does not stop a condemnation. The entity can file suit after the final offer period, and deadlines keep running whether or not you participate.
Is it too late to get help after the petition is filed?
Usually not, but the windows to strike a commissioner, exchange appraisals and object to the award are short. The earlier you get help, the more options you have.
Who pays the costs of the commissioners’ hearing?
It depends on the result. If the award is no more than what the entity offered before the case began, the landowner may be responsible for the costs. If it is more, the entity generally pays them.
Not sure where you are in the process?
Send us your letters, offer or petition and we’ll tell you which stage you’re in and which deadlines apply. Call 956-782-2700. Se habla español.
Related: The Texas condemnation process, start to finish · What to do when you receive a TxDOT offer letter
Sources
- Texas Property Code, Chapter 21
- Texas Attorney General, Landowner’s Bill of Rights (rev. November 2025)
General information, not legal advice, current as of the date above. Every case is different. Attorney advertising. Responsible attorney: Erick Holguin, Perez Law Firm, PLLC, McAllen, Texas.