Step 8 – Texas Land Condemnation Process

In this video, Attorney Philip Hundl describes Step 8 of his timeline of the Texas Land Condemnation Process. You can arrange a meeting with Philip by calling 800-266-4870 or texting 979-320-9320. We can arrange a meeting in person, online or by phone.

Step 8 of the Texas Land Condemnation Process

Summary of Step 8 of the Texas Land Condemnation Process

in this video, Attorney Philip Hundl covers step eight in the Texas land condemnation process, explaining the formal notice of the Special Commissioner’s hearing. In the eighth step of the Texas condemnation process, landowners receive formal notice of the Special Commissioner’s hearing. At the Special Commissioners’ hearing, the Special Commissioners evaluate the evidence presented and issue an award. Either party may object to the award. However, once the award is deposited into the Court Registry, the Condemnor acquires possession and the rights sought in the petition for condemnation.

Notice Period and Scheduling

The formal notice of the hearing must be provided at least 20 days before the scheduled date. This 20-day period ensures that all parties have adequate time to prepare for the hearing. The landowner is not required to attend. In certain circumstances, the notice period can be waived by mutual agreement, allowing for a hearing to be scheduled sooner. However, most condemnors and landowners prefer the standard timeframe. Scheduling considerations, including the availability of both parties and the Special Commissioners, also influence the hearing date.

Key Features of the Hearing

During the hearing, the Special Commissioners evaluate the evidence presented by both parties and issue an award. Attendance by the landowner is not mandatory. Typically, the award is determined immediately after the hearing concludes. Formal notice of this decision triggers a deadline for an objection by any party. It is common for one or both parties to contest the award, which moves the case to the next stage in the process. Notably, once the condemnor deposits the award amount with the Court (registry), the Condemnor acquires possession of the property rights sought. This legal right allows them to begin construction or other activities, even though the case remains unresolved. Many landowners find this aspect counterintuitive, but it underscores the unique provisions of Texas condemnation law.

Get the Help You Need to Protect Your Rights

The Special Commissioner’s hearing is one of many steps in the condemnation process. By understanding the notice requirements, objection deadlines, and rules, landowners can better prepare for this phase of the process. Stay tuned for step nine in this series.

Consult with an experienced attorney who is familiar with landowner representation. For personalized assistance, arrange a meeting with Philip by calling 800-266-4870 or texting 979-320-9320. Meetings can be arranged in person, online, or by phone to accommodate your needs.

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