PDFTX1 | 1515 COMMERCE ST, FORT WORTH, TX 76102 TEXAS A&M UNIVERSITY SCHOOL OF LAW |

Table of Contents

EXECUTIVE SUMMARY 4

INTRODUCTION 6

THE CONDEMNATION PROCESS IN TEXAS 8

STATE LAW COMPARISONS 11

LANDOWNER’S ATTORNEYS’ FEES 11

COMPENSATION AND VALUATION 14
Broad Instruction Approach to Valuation 15
Specific Rates Approach to Valuation 15
Factor-Based Approach to Valuation 15

PRE-CONDEMNATION REQUIREMENTS 18
Initial Contact/Notice 18
Negotiation 18
Disclosure of Information 19
Notice Concerning Landowner’s Rights 19
Offers 20
Enforcement 20

THE PROCEEDINGS 22
Commissioners, Juries, and Complaint 22
Initiation Condemnation Proceedings 22
Commissioners Court 23
Expedited Condemnation Proceedings 24
Appraisers 25
Challenges and Appeals 24
Possession and Rights to Enter Land 26

WHO HAS THE AUTHORITY TO CONDEMN? 28
Narrow Authority to Condemn Provisions 28
Broad Authority to Condemn Provisions 29
Authority Granted by Special Review Boards 29
Authority Granted by State Governor 30

THE STANDARD OF PUBLIC USE 31

ABANDONMENT 34
Dismissal of Proceedings 34
Motion to Dismiss 34
Failure to Compensate Landowner 35
Abandonment of Public Purpose 36

UNIQUE FEATURES FROM AROUND 38

THE UNITED STATES 38
Blanket Easements 38
Expanded Use Triggers New Proceeding 38
Unique Landowner Resources 38
Additional Damages for Relocation 38
Special Conditions on Oil and Gas Condemnors 38
The Jury Can Take a Look 39
Landowner Involvement to Mitigate Harm 39
Condemnation for Preservation 39
Relief from Prepayment Penalties of Mortgages 39
Increased Scrutiny for Pipelines 39
Delayed Possession 39

ACKNOWLEDGMENTS 40

ABOUT THE AUTHORS 41

APPENDIX A 43 (These have been added at the end pg 54)

EXAMPLE STATUTES 43

FIGURES 47

ENDNOTES 47

With an added Glossary 69