If you and the condemnor don’t agree, the first decision on value is made by three special commissioners. This hearing often sets the tone for everything after it.
Who the commissioners are
After the condemnor files its petition, the judge appoints three disinterested landowners from the county. Each side may strike one commissioner, and the judge appoints replacements.
What happens at the hearing
It is less formal than a trial but still adversarial. Both sides present evidence of value, usually through appraisers and other witnesses, and can cross-examine. The commissioners then issue a written award.
How to prepare
- Get your own appraisal from someone who understands condemnation.
- Document how you use the land: access, water, crops, livestock, plans for the future.
- Gather photos, maps, leases and prior offers to buy.
After the award: watch the deadline
The condemnor may deposit the award with the court and take possession. If either side disagrees with the award, written objections must be filed by the first Monday after the 20th day after the commissioners file their findings. Miss it, and the award generally becomes final.
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General information, not legal advice. Attorney advertising. Responsible attorney: Erick Holguin, Perez Law Firm, PLLC, McAllen, Texas.