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Step 5 – Texas Land Condemnation Process

In this video, Attorney Philip Hundl describes Step 5 of his timeline of the Texas Land Condemnation Process. You can arrange a meeting with Philip by calling or texting 800-266-4870. We can arrange a meeting in person, online or by phone.

Step 5 of the Texas Land Condemnation Process

Summary of Step 5 of the Texas Land Condemnation Process Timeline

Hello, I’m Phil Hundl, and we’re continuing our series on the condemnation process, focusing on Step Five. This is when the court appoints special commissioners after the petition has been filed. As a landowner, it’s important to take a look at the appointed special commissioners and provide feedback to your attorney. Some clients I’ve worked with have been favorable on certain special commissioners.

The special commissioners are residents of the county who have experience with land matters and issues, and we typically see realtors and real estate attorneys being appointed. Sometimes in suburban areas, family law and criminal law attorneys are appointed, while in rural counties, farmers and ranchers who are knowledgeable on land issues are usually appointed. The court will usually have a pool of 10 to 12 people to choose from and is looking for people who will make a fair decision based on the evidence presented.

Landowners Should Talk with Their Attorneys About the Appointed Special Commissioners

It’s important to provide feedback to your attorney about the appointed special commissioners if you know of any potential conflicts of interest. Your attorney will also research the appointees. In some cases, we’ve seen appointees who have a relationship with the condemnor, such as being on some voluntary boards associated with the condemnor. The timing of Step 5 can vary, but the law now requires the court to appoint three special commissioners within 30 days of the petition being filed.

Why Would You Strike a Special Commissioner?

The next step, striking special commissioners, occurs when either party is dissatisfied with the appointed commissioners. This could be because they have a conflict of interest, lack of experience, or some other reason. Striking commissioners is an important part of the process because it ensures that the special commissioners who will be making a decision on the value of your property are fair and impartial.

Both parties have the right to strike one of the three special commissioners. Once a special commissioner has been struck, the court will appoint a replacement commissioner. This process will continue until three special commissioners are agreed upon by both parties. If the parties are unable to agree, then the court will make the final decision.

Overall, it’s important to be involved and informed throughout each step of the condemnation process. Providing feedback to your attorney on the appointed special commissioners and striking them if necessary is an important part of ensuring that your rights as a landowner are protected. The next step in the process will be the special commissioners’ hearing, where they will determine the value of your property.

Get the Help of an Experienced Condemnation Lawyer to Protect Your Rights in Step 5

In conclusion, the condemnation process can be complex and confusing, and it is important for landowners to have an experienced lawyer on their side to protect their rights and ensure that they receive just compensation for the taking of their property. As we have discussed in this series, each step of the process presents unique challenges and requires a thorough understanding of the law and the facts of the case. Hiring a skilled attorney who has extensive experience in representing landowners in condemnation proceedings can make all the difference in achieving a successful outcome. So, if you find yourself facing condemnation or have any questions about the process, do not hesitate to reach out to an experienced attorney who can guide you through each step and fight for your rights.

You can arrange a meeting with Philip by calling or texting 800-266-4870. We can arrange a meeting in person, online or by phone.

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Filed Under: Texas Condemnation Process

About Attorney Philip Hundl

Philip J. Hundl’s law firm is Land Rights Law, PLLC. His practice focuses on helping landowners in litigation including condemnation and eminent domain, land partitions, easement and boundary disputes, and land dispute mediation.

Before returning home to Wharton County, Mr. Hundl practiced law with the international law firm of Fulbright & Jaworski, LLP, now Norton Rose Fulbright, in its San Antonio and Houston offices, primarily in the areas of products liability, commercial litigation and international arbitration. He received his Juris Doctorate law degree from the University of Denver, College of Law. Mr. Hundl is admitted to practice law in all state courts of Texas, and in the Northern, Southern, Eastern and Western Federal District Courts of Texas.

If you have questions about condemnation and your rights as a landowner, please call 800-266-4870 for an appointment with Philip Hundl. You can also get a no-obligation case evaluation by clicking this link and completing the form.

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