Condemnation Process

Texas Condemnation Law ▪ Protecting Your Property

The Condemnation Process

The process involved in the government taking your land is a technical process. It is important to understand the different steps involved in the condemnation process. Avant & Mitchell has staff dedicated to practice exclusively in Texas condemnation law. We are happy to personally advise you about your rights as a property owner including the issues involved with:

  • How to determine the value of your property. We advise clients on the affects of market trends, project influence, condemnation blight, and land use restriction upon your property's value.
  • When the government damages your property without paying you any compensation, it is called inverse condemnation. This may involve restrictive regulation, flooding, access denial, lateral support or other issues.
  • Understanding the impact of Land use restrictions, zoning and the application of the highest and best use principals.
  • The framers of our Constitutions required that that you get fair compensation for the taking of your property by the government through condemnation.
  • Understanding what a project will look like or its impact upon driveways, parking or access.

What should you do when you are put on notice of a pending condemnation process?

Legal exercise of the power of eminent domain requires the Condemnor to follow a statutorily defined process. After official determination that the property must be taken as a public necessity, the Texas Property Code requires the Condemnor to make a good faith offer to purchase, which should be based upon an appraisal.

In practice, however, the system is adversarial. Owners and tenants are likely to encounter a team of career professionals trained by a condemnor that may be more concerned by its budget or schedule than rights of the Condemnee. The government's power of eminent domain has also been granted (by the Texas Legislature) to certain corporations and “authorities” who now have the power to compel Texas Courts to award them your property.

In order to ensure your property rights are protected, you need an experienced lawyer to guide you through the condemnation law process.

Steps of the Condemnation Process

  • Step one: The Condemnor decides to pursue a project that requires land for its completion, and make a determination that certain specific property rights must be taken as a public necessity.
  • Step two: The Condemnor should notify you, request permission to inspect the property, survey it and perform an appraisal. At this point the Owner should consult an experienced condemnation lawyer.
  • Step three: A Condemnor “negotiator” provides you with a valuation of your property and makes an "Original Offer."
  • Step four: There is limited opportunity for a response to the offer. If you reject the offer, the government is likely to file a Petition in Condemnation lawsuit against you.
  • Step five: The Court will appoint three Special Commissioners to conduct a hearing on compensation. You will be notified of a hearing date. NOTE: Condemnor may be able to exclude evidence that is not revealed to condemnor by the 11th day before the hearing. The Commissioners decide a value and make a “Commissioners’ Award” of an amount of money.
  • Step five: You may object to the commissioners' award and appeal the condemnation process of your property to the court for a new trial before a jury. NOTE there is a short time frame for filing Objections

We recommend that you Contact an Experienced Lawyer immediately after receiving the notice outlined in Step 2 above.

Feel free to contact us at 512-478-5757 if you have additional questions, or just wish to discuss your concerns.


Avant & Mitchell, LP
1301 Nueces St. Suite 200
Austin, TX 78701

T: 512-478-5757
F: 512-478-5404

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This Texas law firm maintains its principal office within blocks of the Offices of the Attorney General at the Capitol complex in Austin, Texas. Our attorneys have handled appraisal disputes, eminent domain and condemnation cases throughout the State of Texas including Austin, Aransas Pass, Atlanta, Athens, Bastrop, Beaumont, Belton, Big Spring, Boerne, Bonham, Boston, Brownsville, Brownwood, Childress, Clarksville, Conroe, Copperas Cove, Corpus Christi, Cuero, Dallas, Denton, Eastland, El Paso, Fairfield, Forney, Ft. Stockton, Ft. Worth, Georgetown, Grande Prairie, Houston, Jefferson, Katy, Lockhart, Lubbock, Marshall, Mount Pleasant, Paris, Port Aransas, San Angelo, San Antonio, Seguin, Sinton, South Padre, Stephenville, Sweetwater, Tyler, Waco, Weatherford, and surrounding areas that include properties along Texas State Highway 130, State Highway 45, IH 35, IH 10, IH 45, IH 20, US 59, US 71, US 290, US 183, Beltway 8, and properties along the proposed Trans Texas Corridor.