Texas condemnation follows a set sequence. Knowing where you are tells you what to do next and which deadlines apply.
1. The project and the route
A road, pipeline, power line or local project is planned. Routes may be studied for months or years, sometimes through public hearings or regulatory dockets. Owners near a route may get letters or open-house invitations.
2. Survey or entry requests
The condemnor may ask permission to come on your land to survey. You can negotiate the terms of entry, such as notice, gates, livestock and damage repair. Talk to a lawyer before signing an entry agreement.
3. The initial offer and the Landowner Bill of Rights
Before it can sue, the condemnor must make a written initial offer and give you the Texas Landowner Bill of Rights. It must also share the appraisal reports it relied on for its offer. More on offers →
4. The final offer
Texas law then requires a written final offer, made after a waiting period, with time for you to respond. This window, between the initial and final offer, is often the best time to negotiate with full information.
5. The condemnation petition
If there is no agreement, the condemnor files a petition in the county where the property is located. The judge appoints three local landowners as special commissioners.
6. The special commissioners’ hearing
The commissioners hear evidence of value from both sides and issue an award. The condemnor can deposit the award and take possession while any dispute continues. More on the hearing →
7. Objections and trial
Either side can object to the award. The deadline is short: written objections must be filed by the first Monday after the 20th day after the commissioners file their findings. A timely objection turns the case into a regular lawsuit, and value can be decided by a judge or jury.
Where are you right now? Tell us the stage and send what you have. Free offer review →
General information about Texas Property Code chapter 21, not legal advice. Deadlines depend on the facts of each case. Attorney advertising. Responsible attorney: Erick Holguin, Perez Law Firm, PLLC, McAllen, Texas.