Step 9 – Texas Land Condemnation Process

In this video, Attorney Philip Hundl describes Step 9 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 9 of the Texas Land Condemnation Process Timeline

Summary of Step 9 of the Texas Land Condemnation Process

In this video, Attorney Philip Hundl covers Step 9 in the Texas land condemnation process, the Special Commissioner’s hearing, and the issuance of the award. This video details the final stage of the administrative phase where evidence is assessed to determine fair compensation for the landowner. Key insights include the hearing procedures, the effect of the award, and the subsequent steps if objections arise. The timeline for raising objections to the award is also emphasized, marking the transition from the administrative phase to civil litigation.

Understanding the Special Commissioner’s Hearing

The Special Commissioner’s hearing marks the end of the administrative phase in the condemnation process. Even when a petition is filed by the condemnor, the proceedings remain within an administrative phase, meaning no comprehensive discovery can occur.

At this hearing, the Special Commissioners evaluate evidence to determine fair compensation for the landowner, based on the evidence presented.

The Role of the Special Commissioners

The Special Commissioners assess what is being taken (easement/fee simple) and how it affects the landowner. Evidence may include the condemnor’s appraiser(s) and the landowner’s appraiser(s) and/or the landowner’s perspectives on the value of his/her property.

The Hearing Process

Typically, the hearing might last two-four hours, where both sides present their cases and have the opportunity to cross-examine and put forth their evidence. After both sides make their closing arguments, the commissioners recess to evaluate the evidence—a process that usually takes 20 to 30 minutes.

Attendance: To Be There or Not

A common question from landowners is whether they are required to attend the hearing. The straightforward answer is no, they are not required to attend the Special Commissioners’ hearing. The pros and cons of attending should be discussed with your attorney, as it can vary depending on the specific circumstances of each case.

The Impact of the Special Commissioner’s Award

While some landowners might place more or less significance on the hearing’s outcome (Special Commissioners’ award), it’s important to note that the award is not admissible as evidence at trial. Whether favorable to the condemnor or the landowner, the award will likely be contested (objected to), and its amount won’t be disclosed to the jury at the trial.

Objecting to the Award

A key detail to note is the timeframe for objecting to the commissioner’s award. Landowners have until the Monday after 20 days—approximately three weeks—from the day the award is issued (notice given to the landowner) to file an objection if they choose to do so.

Moving Beyond Step 9

We’ve covered a lot in Step 9, emphasizing the administrative phase’s conclusion and the transition to potential civil litigation if the award is contested. Understanding these nuances can be challenging, but it’s essential for navigating the Texas Land Condemnation Process effectively.

Remember, each step in this process builds upon the last, and the decisions made can have lasting effects on your property rights and compensation. Ensure you stay informed and work closely with your attorney to protect your interests.

If you have questions or need assistance with this process, I encourage you to reach out. You can arrange a meeting by calling 800-266-4870, texting 979-320-9320, or by using our contact form to schedule a consultation in person, online, or over the phone. Your understanding and participation in every step are crucial to achieving the best possible outcome in your case.

By visiting this website, you understand that contacting Philip Hundl, Attorney at Law, or Land Rights Law, PLLC, or any of its attorneys by any of the methods listed on this website does not create an attorney-client relationship. The attorney-client relationship is formed only when you and Land Rights Law, PLLC, have expressly agreed to an engagement in writing. Information conveyed to Land Rights Law, PLLC, via the Internet may not be secure and information conveyed prior to establishing an attorney-client relationship may not be privileged or confidential.

Call Us