Initial Offer and Negotiation
The eminent domain process begins when a governmental or private entity with eminent domain power makes a written initial offer for your property. This offer is often a low-ball figure, and property owners are generally advised not to accept it without careful consideration. You have the right to respond, negotiate, or even ignore the offer. This stage provides an opportunity for you to seek your own appraisal and legal counsel to determine a more accurate market value for your property. According to Texas Property Code Chapter 21, the entity must make a "bona fide" (good faith) offer to acquire the property voluntarily before it can file a condemnation lawsuit. This initial offer should also be accompanied by a copy of the Texas Landowner's Bill of Rights.
The Condemnation Lawsuit and Commissioners' Hearing
If negotiations fail, the condemning entity will file a condemnation lawsuit against you. This is an important distinction: you do not sue the government; they sue you to officially "condemn" the property. Following the lawsuit filing, the court will appoint three special commissioners, who are typically local landowners, to assess the property's value and determine the compensation. This commission holds a hearing where both sides can present evidence, including appraisals. The commissioners then issue a finding of value, which is their recommended compensation.
Trial and Appeal on Value
If you or the condemning entity are not satisfied with the special commissioners' finding, you can appeal the decision. This moves the case to a full-blown civil trial in a county or district court. The central issue at trial is not whether the government can take the property that is given under the law but rather the just compensation you are owed. This is where expert testimony, particularly from appraisers, becomes critical. A credible expert witness who can effectively present their findings without appearing biased can make a significant difference in the outcome.
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