Texas Eminent Domain: Landowner Rights, the Process, and How Compensation Works

In Texas, a governmental entity, or a private entity that a law authorizes, may condemn private property only for a legally permitted public use and with adequate compensation. Before it files a condemnation case, the entity generally must provide required notices, make a bona fide written offer, and negotiate in good faith. If no agreement is reached, it may file a petition in the proper court, and three special commissioners then assess compensation. A party may object to their award and obtain a trial in the court. Compensation can include the market value of the property taken and, for a partial taking, qualifying damage to the remaining property, under Property Code chapter 21 (opens in a new tab).

A pipeline, utility, road authority or city contacted me. What happens first?

Most contacts begin as a voluntary offer to buy the property or an easement, which is a right to use part of it. Property Code sections 21.0112 and 21.0113 (opens in a new tab) set what the entity must do before it may go to court. A landowner may decline a voluntary offer, but an entity with real authority can continue through the statutory condemnation process if no agreement is reached.

Condemnation begins only when the entity files a petition. That is why the first practical step is to work out which stage you are in: a request for access, a written offer, or court papers. The dates on the actual documents control every deadline below.

Who may use eminent domain in Texas?

Article I, section 17 of the Texas Constitution (opens in a new tab) permits takings by the State, political subdivisions, the public at large, or an entity granted eminent domain power by law. Authority therefore depends on the entity and on the statute that applies to it.

For governmental bodies, the source may be constitutional, statutory, a charter or a project-specific provision. The Texas Department of Transportation, for example, acquires property by purchase or eminent domain under Transportation Code chapter 203 (opens in a new tab) and related provisions. For private entities the rules are entity-specific:

• A common-carrier pipeline may rely on Natural Resources Code section 111.019 (opens in a new tab) when it qualifies under that statute, and sections 111.0193 and 111.0194 of the same chapter address easement width and restoration.
• A utility must point to the specific Utilities Code (opens in a new tab) provision that grants authority to that utility for that project.
• Transit, toll-road, water and other authorities can have their own enabling statutes.

A private company's claim of authority does not by itself establish that it qualifies. A lawyer can check whether the statute the entity names fits the entity and the project.

What must the condemning entity give me?

Property Code section 21.0112 (opens in a new tab) requires an entity with eminent domain authority to provide the Landowner's Bill of Rights statement. It must go out not later than the seventh day before the final offer, by first-class mail or another method, to the last known address of the person listed as owner on the most recent applicable tax roll. It must also be provided before or at the same time the entity first represents that it has eminent domain authority, in an easily readable type size, and on a governmental entity's website when that is technologically feasible.

The Attorney General's statement (opens in a new tab) describes rights to notice, a bona fide good-faith negotiation effort, an assessment of damages, a Chapter 21 hearing, appeal, adequate compensation, public use, and representation by an attorney or help from an appraiser or real estate professional. Government Code section 402.031 (opens in a new tab) requires the Attorney General to prepare it in plain language. The statement also describes moving expenses where they apply.

The initial written offer has its own contents under section 21.0113 (opens in a new tab): specified Bill of Rights material, disclosures about remainder damages or appraisal coverage, and a conveyance instrument. Keeping the letter, offer, appraisal, map, easement draft and every court paper in one place makes each later step easier to check.

What must happen before a condemnation petition?

Section 21.0113 requires a bona fide offer to acquire the property voluntarily and good-faith negotiations before filing, subject to statutory exceptions and entity-specific rules. The timing matters because the Bill of Rights period, the offer and the later hearing each run on their own clock. Deadlines differ by document and stage, so one general response period does not fit every landowner.

Where is the condemnation case filed?

Under section 21.012 (opens in a new tab), the condemnor files a condemnation petition in the proper court. The petition identifies the property interest, the public use, the entity's authority and the parties; section 21.013 (opens in a new tab) addresses court jurisdiction. The county and court named on the petition are the places to look for the case file.

What are special commissioners, and what do they decide?

Under sections 21.014 through 21.016 (opens in a new tab), the judge appoints three special commissioners, who receive notice of their appointment and conduct the first compensation hearing. Section 21.016 requires written notice of the hearing's time and place. At the hearing, section 21.041 (opens in a new tab) allows evidence of the property's value, injury to the owner, benefit to the remaining property, and the use for which the property is condemned. Section 21.042 governs how damages are assessed, and the commissioners file their findings with the court.

What if I disagree with the award?

A timely objection to the commissioners' findings changes the case. Under section 21.018(b) (opens in a new tab), the court then cites the adverse party and tries the case as other civil causes, which is a trial de novo, meaning the court hears the matter fresh. Section 21.018(a) sets the objection period, and the exact date depends on when the commissioners' findings were filed.

How the objection is filed matters. In Reme, L.L.C. v. State (opens in a new tab), the court held that filing with the court includes filing with the court clerk. Authority, public use and compensation issues may be raised in the condemnation proceeding, and final judgments may be appealed under the applicable appellate procedure. The calendar should come from the actual court papers rather than from a general rule of thumb.

Can the condemnor take possession before final judgment?

Yes, in some circumstances. After the commissioners make an award, section 21.021 (opens in a new tab) permits the condemnor to take possession while the case continues if it meets statutory conditions. Those conditions are:

• Paying the owner the commissioners' damages and costs, or depositing that amount with the court subject to the owner's order.
• Depositing the damages or a surety bond in that amount to secure any later award above the commissioners' award.
• Executing a bond with at least two good and solvent sureties approved by the judge, to secure additional costs awarded by the trial court or on appeal.

The statute also contains exceptions and additional provisions, including section 21.021(c). Possession does not remove the right to pursue a timely objection or appeal. No single dollar figure applies to the deposit or bonds, because section 21.021 governs the amounts and conditions.

How is compensation measured?

For a complete taking, section 21.042(b) (opens in a new tab) states that damages are the local market value of the property at the time of the special commissioners' hearing. For a partial taking, section 21.042(c) requires the commissioners to estimate the extent of injury and benefit to the owner, including the effect of the condemnation on the value of the remaining property.

For the remainder, the Texas Supreme Court's before-and-after method applies: the difference between the remainder's market value immediately before the taking and immediately after it, considering the nature of the improvement and the use of the property taken. The method is associated with State v. Carpenter, 126 Tex. 604, 89 S.W.2d 194 (1936), and discussed in State v. Schmidt, 867 S.W.2d 769 (Tex. 1993), both addressed in a Texas court of appeals opinion (opens in a new tab). An appraiser or a lawyer who handles condemnation can apply it to specific facts such as crops, fences, access, drainage and the remaining land; a general article cannot put a figure on any one property.

What public-use limits apply?

Article I, section 17 (opens in a new tab) requires adequate compensation and limits takings to public use. It excludes a taking for transfer to a private entity primarily for economic development or increased tax revenue. Government Code section 2206.001 (opens in a new tab) applies to governmental and private entities and prohibits specified takings that confer a private benefit, are primarily for economic development, or increase tax revenues. The section also contains public-use limits and procedural requirements for governmental authorization. Chapter 21 identifies amendments from 2011, 2021 and 2025, so the current statute text is the version to read.

What about co-owners, tenants and mineral owners?

The condemnation petition and court process must identify the interests and parties the case involves. How an award is divided among co-owners, lessees, mineral owners and lienholders depends on the nature of each interest, the property interest condemned, the title documents, the condemnation judgment and case law. Each person's ownership, lease, mineral, lien and condemnation documents are worth reviewing with a lawyer for the specific interests involved.

Where can I find legal and valuation help?

The State Bar of Texas Lawyer Referral and Information Service (opens in a new tab) asks for the county and the basic legal issue, then provides a referral or another resource. It states that the referred lawyer provides an initial consultation of up to 30 minutes for no more than $20, and that after that, fees are set by agreement between lawyer and client. The page includes a Spanish option. TexasLawHelp (opens in a new tab) points to the same service and to reduced-fee legal-aid resources.

Fee structures in condemnation cases vary. A State Bar referral-practices survey (opens in a new tab) contains attorney reports that landowner eminent domain matters are often handled on a contingency basis, while other lawyers report hourly or other arrangements. Those reports describe practice generally, not what any particular landowner will pay, so a written fee agreement from the lawyer is the place to confirm terms. Our guide on what eminent domain is covers the basics for readers earlier in the process.

Frequently asked questions

These questions come up often among landowners.

Can a pipeline company condemn land in Texas?

Only if the company has eminent domain authority under a statute that applies to its entity and project. The statute, not the company's claim, is what establishes it.

Can a landowner refuse the first offer?

A landowner may decline a voluntary offer. A properly authorized condemnor may still continue through the statutory condemnation process, which includes the commissioners' hearing and a right to object.

Does Texas prohibit economic-development takings?

Yes, in the terms the law states. Article I, section 17(b) of the Texas Constitution and Government Code section 2206.001 prohibit specified private-benefit, economic-development and tax-revenue takings.

What is the Landowner's Bill of Rights?

It is the statement the Attorney General prepares under Government Code section 402.031 and that Property Code section 21.0112 requires the condemning entity to provide. The Attorney General publishes the current English version.

Next step

If you have received an offer, a petition or a commissioners' hearing notice, a Texas lawyer who handles condemnation can read the actual papers and the entity's claimed authority. You can find eminent domain lawyers in the Counselado directory, which starts with Texas.