What is the Condemnation Procedure?

The condemnation procedure in Texas is the legal process by which a governmental entity acquires or uses private property for public use. Under Texas eminent domain law, the governmental entity must provide the property owner with notice of the taking and an opportunity to be heard. The governmental entity can initiate condemnation proceedings by providing the property owner with a written notice of the taking, including an offer to purchase the property, a statement that the governmental entity has the right to take the property, and the reasons for the taking. In addition, the notice must include a statement that the property owner has the right to request a hearing. Once the property owner has been provided with notice of the taking, the governmental entity will hold a hearing to determine the fair market value of the property and any compensation due to the property owner. At the hearing, the owner has the right to be represented by counsel and present evidence to dispute the amount of compensation offered. The condemnation process can ultimately result in an order issued by a court that grants the governmental entity the power to take the property. Once the order is granted, the property owner must turn the property over to the governmental entity. If the property owner does not do so, the governmental entity may use self-help measures to acquire the property.

Related FAQs

What is the process for determining the public use of my property?
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What is the Condemnation Procedure?

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