Eminent domain is the power to take private property for public use, following payment of just compensation to the owner of that property. As the oldest law firm in Collin County, Abernathy, Roeder, Boyd and Hullett has a deep appreciation and understanding for the eminent domain process.

A condemnation case begins when the condemnor sends an initial offer. The condemnor must make an initial offer, but it is not required to disclose its appraisal. The condemnor must then wait 30 days after its initial offer until it can send a final offer. The final offer must be equal to or greater than the initial offer and must include, among other documents, an appraisal and the conveyance documents the condemnor wants executed. The condemnor must then wait 14 days after the final offer before it can file its condemnation petition.

If the condemnor is unable to agree with the landowner through the offer phase, then the condemnor will file a condemnation petition. Once the condemnation petition is on file, the presiding Judge will appoint three special commissioners to conduct a hearing to determine the value of the taking. Each side then has the opportunity to strike one of the three appointed special commissioners and ask for a replacement. The three special commissioners will set a time for a hearing for the parties to present testimony and evidence for the special commissioners to consider and make an award. Typically, the condemnor will appear at the hearing with its lawyer, engineer, and appraiser. The condemnor will put on testimony about why it is taking the property and the value it has assigned to the property taken. The landowner can cross-examine the condemnor’s witnesses. The landowner can then put on its own testimony and the condemnor can cross-examine the landowner’s witnesses. The special commissioners then deliberate and enter an award.

The condemnor will file the award and both sides have about 30 days to object to the special commissioners’ award if they are unhappy with the amount of the award. The condemnor typically deposits the amount awarded by the special commissioners in to the Court’s registry during this time period. The condemnor’s deposit of the funds in to the Court’s registry sets the date for the taking and authorizes the condemnor to take possession of the property. If neither side objects, then the Court will enter a final judgment transferring ownership of the property to the condemnor and awarding the landowner the money in the Court’s registry. If any party objects, then the issue of value will be litigated.

The litigation process will be made explained in the next post “Eminent Domain; the process – Part 2”.