Texas landowners have exactly one deadline that can end a condemnation case before it starts: written objections to the special commissioners award must be filed by the first Monday following the 20th day after the award is filed with the court. Miss it and the award becomes the judgment, no matter how far below market value it was. Most of the money in a Texas eminent domain case is won or lost on procedure like that, which is why the choice of counsel matters more than the initial offer.
Texas condemnation is also unusually crowded. It is not just TxDOT and cities. Pipeline companies that qualify as common carriers, electric utilities, water districts, and school districts all hold condemnation power, and each type behaves differently at the negotiating table. This guide covers how the Texas process actually runs, what compensation includes, how eminent domain attorneys charge, and the specific questions that separate a real condemnation practice from a general real estate firm.
Key Takeaways
- The first offer is a floor, not a price. Texas requires a bona fide offer before condemnation, which means the process is designed to start with a number the entity expects you to counter.
- Hire a landowner-side firm. Attorneys who also represent condemning entities carry conflicts and, more practically, a different instinct about what a case is worth.
- Remainder damages are where the value hides. On a partial taking, what the acquisition does to the rest of your property often exceeds the value of the strip taken.
- Contingency is the norm. Most Texas eminent domain lawyers take a percentage of the increase they win above the condemnor offer, so you are paying on the improvement, not the whole award.
- Trial record matters. Ask how many condemnation cases the firm has tried to verdict. Entities settle differently with lawyers who actually try cases.
- Attorney fees are usually not recoverable. Texas generally does not shift fees to the condemnor except when it abandons the proceeding.
How the Texas Process Runs
Before any lawsuit
The entity must give you the Landowner Bill of Rights, a document prepared by the Texas Attorney General, at or before the initial offer. It must then make a bona fide offer. In practice that means an initial written offer, followed by a final offer supported by a written appraisal from a certified appraiser, made at least 30 days after the initial offer, with at least 14 days for you to respond. If the entity skips these steps, that is a defect worth raising.
You will also be asked to sign a right of entry so a surveyor and appraiser can access the property. Do not sign the version handed to you. It can usually be negotiated to limit scope, timing, crop and livestock damage, and gate protocol.
Special commissioners
If negotiation fails, the entity files a petition in the county where the land sits. The judge appoints three disinterested special commissioners who own property in that county. They hold an informal hearing, take evidence from both sides on value, and file a written award. This is not a trial. There is no jury, the rules of evidence are relaxed, and the commissioners are typically local business people rather than valuation experts.
Two things happen next. If the entity deposits the award into the registry of the court, it can take possession and begin construction even while you contest the amount. And your objection clock starts. Written objections are due by the first Monday following the 20th day after the award is filed. Filing objections moves the case to a trial de novo in the trial court, where a jury can decide value and the commissioners award carries no weight.
What You Are Entitled To Be Paid
The measure is fair market value at the time of the taking, based on the highest and best use of the property, not necessarily its current use. Pasture with realistic development potential is valued accordingly, and proving that potential is an appraisal exercise, not an argument.
For a partial taking, Texas uses a before and after analysis. You are owed the value of the part taken plus damages to the remainder, reduced by any special benefits the project confers on what is left. Remainder damages come from things like a pipeline easement bisecting a tract into two unusable pieces, loss of a driveway or direct access, a new drainage pattern, a setback that kills a building site, or an irregular shape that lowers the value per acre of everything left.
Some items are not compensable. Texas courts have generally excluded community damages such as diverted traffic and circuity of travel, meaning you are not paid because a new median makes customers drive an extra mile to reach you. Lost business profits are ordinarily not recoverable either, though relocation costs may be covered under the federal relocation rules when federal funds are involved. A good lawyer will tell you which of your complaints are compensable and which are not, in the first meeting.
What to Look For in Counsel
Landowner-side focus and condemnor experience
Ask directly whether the firm represents condemning authorities in any matter. Then ask whether they have handled cases against your specific condemnor. A firm that has litigated against a particular pipeline company knows its appraisers, its settlement authority, and its easement language. Experienced Texas eminent domain attorneys typically keep a stable of certified appraisers and land planners they use repeatedly, and that bench is a large part of what you are hiring.
Fee structure, in writing
Most Texas condemnation work is contingent on the increase above the condemnor offer, commonly around a third, sometimes tiered by stage. Confirm three details before signing: whether the percentage applies to the total award or only to the amount above the offer, who advances expert and appraisal costs, and whether those costs come off the top or off your share. An agreement that takes a percentage of the entire award including the money already offered is a materially worse deal than it looks.
Valuation depth
Condemnation is an appraisal fight wearing a legal costume. The lawyer should be able to explain, without hedging, how they would attack the condemnor appraisal: comparable sales selection, the highest and best use conclusion, whether the appraiser accounted for the remainder, and whether any claimed special benefits are legitimate. If the answer is vague, the firm is planning to settle rather than litigate.
Communication
Direct responses to client questions within one business day, a named point of contact who is not just an intake coordinator, and a written case plan with dates are reasonable expectations. Ask who will actually appear at the special commissioners hearing. In some firms the lawyer you meet is not the lawyer who shows up.
Questions to Ask at the Consultation
- How many Texas condemnation cases have you tried to a jury verdict, and when was the most recent?
- Have you handled cases against this condemnor, and in this county?
- What is your assessment of the offer, and what is the realistic range after remainder damages?
- Which appraiser would you retain, and what are their credentials in this property type?
- Does the contingency apply to the whole award or only the increase?
- Who advances expert costs if the case does not improve on the offer?
- What is the easement language, and can we negotiate depth, width, access, restoration, and future line rights?
- What happens to my property taxes and my tax basis after the award?
That last one is not an afterthought. Condemnation proceeds can trigger capital gains, and the involuntary conversion rules in the federal tax code allow deferral if you reinvest in similar property within the statutory window. Coordinate with a CPA before you accept funds, not after.
Where Landowners Lose Money
Accepting the first offer. The initial number is generated from an appraisal the entity commissioned, and it frequently omits or understates remainder damages.
Negotiating alone with the right of way agent. The agent is pleasant, persistent, and paid to close. Statements you make about what you would accept can follow the file.
Ignoring the easement document. On a pipeline or utility taking, the terms often matter more than the price: whether additional lines can be added later, how deep the line sits, who restores the surface, whether you keep the right to cross it, and what happens to fencing and gates.
Missing the objection window. The commissioners award becomes final quickly. Calendar the deadline the day the award is filed.
Overlooking the repurchase right. Texas gives landowners a right to repurchase in defined circumstances if the public use is canceled or never begun within the statutory period. It is limited, but it exists.
Frequently Asked Questions
Can I refuse to sell my land to the government in Texas?
Not if the entity holds condemnation authority and the taking is for a public use. What you can contest is whether the entity actually has that authority, whether the use qualifies, whether the offer process was followed, and above all how much you are paid. Refusing to negotiate does not stop a project; it moves the fight to the commissioners hearing.
How much do eminent domain attorneys charge in Texas?
Most work on contingency, typically taking a percentage of the amount recovered above the condemnor offer, often around one third. Some use tiered percentages that rise if the case goes to trial. Ask specifically whether expert costs are advanced by the firm and how they are deducted.
Can a pipeline company take my land in Texas?
Yes, if it qualifies as a common carrier under Texas law. That status can be challenged, and Texas courts have held that a company must show a reasonable probability that the line will serve the public rather than only the owner. This is a genuine litigation issue and a reason to involve counsel early rather than after signing an easement.
What is the deadline to object to the commissioners award?
Written objections are due by the first Monday following the 20th day after the award is filed with the court. If you do not object in time, the award is entered as the judgment and the amount is fixed.
Do I get my attorney fees back if I win?
Generally no. Texas does not shift attorney fees to the condemning entity simply because the jury awards more than the offer. The main exception is when the entity dismisses or abandons the condemnation, in which case the court can award reasonable fees and expenses.
Related Reading
- Why M&A Intelligence Matters More Than Ever for Lawyers in 2026
- More from our Business Law coverage.
The Bottom Line
Pick a firm that represents landowners only, has tried condemnation cases to verdict in Texas, can name the appraiser it would hire, and will put the fee terms in plain language before you sign. Then move quickly, because the commissioners award deadline does not care how good your case is. This article is general information about Texas condemnation practice, not legal advice about your property; if you have received a notice or an offer, talk to a Texas eminent domain attorney before you respond.
