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Eminent Domain
Texas Property Code
| Question | Answer |
|---|---|
| What subchapter covers the Repurchase of real Property from condemning entity? | Subchapter E |
| What Subchapter talks about Jurisdiction? | Subchapter A |
| Who has concurrent jurisdiction in E.D. cases? | District courts and county courts at law. |
| When does a judge transfer a case from county to district in and E.D. case? | If the case is pending in county court and court determines the case has title issue that cannot be adjudicated in that court, the judge will transfer to district court. |
| What can a district court do in regards to E.D. case? | may determine authority to condemn, and the assessment of damages. |
| What section of the code is Eminent Domain governed by? | Sections 21.012-21.016 |
| What does an entity who wants to acquire real property for public use do to proceed? | By certified mail, return receipt requested, disclose to the property owner at the time an offer to purchase or lease property is made any all appraisal reports produced or acquired by the entity relation to propery 10 years back. |
| Does a property owner have to disclose any appraisals they have received if they are under ED? | Yes. Must any and all current appraisals. |
| How long does the property owner have to disclose their appraisals to the entity wanting to acquire their property under ED? | No later than the 10th day after the date if receipt of an appraisal report or the 3rd business day before the date of a special commissioner's hearing if an appraisal rpt is to be used at the hearing. |
| Can the entity seeking property under ED put a confidentiality provision in the offer to acquire the property? | No. |
| What 2 things must the entity acquiring property via ED inform the owner has the right to? | 1. discuss any offer or agreement regarding the entity's acquisition of the property with others 2. keep the offer agreement confidential unless the offer or agreement is subject to Chapter 552, Gov code. |
| What section of code covers the landowner's bill of rights? | 402.031 |
| When does the entity need to send Landowner's bill of rights by? | Not later than the 7th day before the date a gov entity with ED authority makes the final offer to owner to acquire their property. |
| How does the Landowner's bill of rights need to be sent? | by first class mail to the last known address of the person in whose name the property is listed on the most recent tax roll |
| What are the requirements for Landowner's Bill of rights to be given to a property owner? | Printed in easy to read font, type and size; if entity is gov, made available on the internet website of the entity. |
| What is a bona Fide offer? | Initial offer in writing, final offer in writing, final offer made on or after the 30th day after the initial offer, before making final offer, the entity gets an appraisal |
| What items must be included with the final offer or before the final to make it a bona fide offer? | copy of written appraisal, copy of the deed, easement, other instrument conveying property to be acquired, Land owner's BOR, gives at least 14 days to respond to final and owner does not agree |
| What is a condemnation proceeding? | If an entity with ED authority wants to acquire real property for public use but is unable to agree with the owner on the amount of damages. |
| What must be included in a condemnation petition? | descript property, state specific public use, state name of owner, state entity and property owner unable to agree on damages; state BOR provided to owner in accor with 21.0113 |
| If a condemnation petition is filed against a property, what must be provided to the owner? | A copy of the petition by certified mail, return receipt. |
| When is the hearing set after the special commissioners in an ED proceeding? | Promptly scheduled by the special commissioner but not earlier than the 20th day after the date of the special commissioners were appointed. |
| Where does the special commissioner schedule the hearing? | near as practical to the property being condemned or at the county seat of the county in which the proceeding is being held. |
| When is notice for the ED proceeding to be served? | Not later than the 20th day before the day set for the hearing. |
| T or F A party to a condemnation proceeding may object to the findings of the special commissioners by filing a written statement of objection. | True |
| What must go with the statement of objection in an appeal of the commissioners findings in a condemnation proceeding? And where do you file it? | Their grounds and filed with a court that has jurisdiction of the proceeding |
| When must an appeal be filed for the commissioners findings in a condemnation case? | On or before the first Monday following the 20th day after the day the commissioners file their findings with the court. |
| How is a court tried when there is an appeal to a commissioners findings in a condemnation case? | The court shall cite the adverse party and try the case in the same manner as other civil causes. |
| What happens after a special commissioners have made an award in a condemnation proceeding? | The condemnor may take possession of the condemned property pending the results of further litigation. |
| What must the condemnor do following a commissioners decision on a condemned property in order to take possession of it? | Pay the property owner the amount of the damage and costs awarded by the special commissioners or deposits that amount of money with the court subject to the order of the property owner. |
| What else may be used for funds in taking possession of a condemned property after a commissioners award in lieu of monetary deposit? | A surety bond for the same amt issued by surety co. qualified to do business in state, condit to secure the pmt of award by the court in excess of award by commiss. & execute a bond with 2 or more good sureties approved by judge of court where proceeding |
| What entities are not required to deposit a bond or the amount = to the award of damages under subdivisons (2) and (3) of subsection a? | State, counties, or a municipal corporation or an irrigation, water improvement, or water power control district created under legal authority |
| What is a "whole taking" under subsection(a)(2)? | A case in which the location, size, and boundaries of the property assessed for ad valorem taxes are identical to that of the condemned property. (pg 122) |
| What must the entity with ED authority disclose to the owner at the time of acquisition? | Owner or heirs may be entitled to repurchase of property under subchapter E or request certain info relation to the use of the property and any progress and the repurchase price is the price paid at the time it was acquired via ED |
| What subchapter do you find information on Damages and costs in condemnation cases? | Subchapter C |
| What does the special commissioner need to show a basis for assessing actual damages to a property owner from a condemnation? | Value of prop, injury to owner, benefit to property owner's remaining property and use of the property for the purpose of the condemnation |
| How is the value of a condemned property decided if the entire tract or parcel of real property is condemned? | Local market value of the property at the time of the special commissioners hearing. |
| If a portion of the tract or parcel is being condemned, how does the special commissioner determine damages? | After estimating the extent of the injury and benefit to the property owner, incl the effect of the condemnation on the value of the property owners remaining property. |
| direct access | to ingress and egress on or off a public road, street, or highway at a location where the remaining property adjoins the road, street, or highway |
| ingress | the act of going in or entering, the right to enter., place of entering; entryway, |
| egress | the act or an instance of going, especially from an enclosed place, a means or place of going out; an exit, the right or permission to go out. |
Created by:
delorya
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