The Condemnation Process
What is Eminent Domain and Condemnation?
Eminent Domain is the government’s authority to acquire private property for public use. Condemnation are the actions by which the government (“Condemnor” or “Condemning Authority”) acquires your private property.
The types of entities that can take your property include, but are not limited to, the State, counties, cities, utility companies, and others. One of the leading Condemnors in Texas is the Texas Department of Transportation.
Administrative Phase: Notice and Surveys
The Condemnor will begin the Administrative Phase by mailing a letter to notify you of its intent to acquire your property pursuant to its Eminent Domain authority. They will then reach out to you to perform surveys and better understand what they are acquiring.
Administrative Phase: Bona Fide Offer and Negotiation
Next, the Condemnor will start the process of issuing a Bona Fide Offer pursuant to section 21.0113 of the Texas Property Code. A Bona Fide Offer means that the Condemnor has issued timely offer letters supported by an appraisal. During this phase, offers should be negotiated with careful consideration of what is compensable in this area of the law. It is important to consult an attorney early on in this process to ensure that you are being fully compensated to the extent allowed by law.
Administrative Phase: Petition for Condemnation & Special Commissioners Hearing
If the parties are unable to reach an agreement on compensation, then the Condemnor will file a petition for Condemnation naming the property owner as a defendant in their lawsuit. At this point, the lawsuit is governed by special rules in the Texas Property Code. After the petition is filed, the parties will proceed to a special commissioners hearing. Special commissioners, appointed by the court based on certain criteria, will hold a hearing to make a determination as to the compensation owed, the Award, to the landowner for the property they are acquiring. These hearings are highly technical in nature and driven by specialized rules.
Litigation/Trial
Either party may appeal an Award of the special commissioners. The case will then proceed to trial in the court in which it was filed in the same manner as other civil cases. It is critical to have the right attorneys to guide you through the rest of the case.