Texas Property Code 21.012 – Condemnation Petition
(a) If an entity with eminent domain authority wants to acquire real property for public use but is unable to agree with the owner of the property on the amount of damages, the entity may begin a condemnation proceeding by filing a petition in the proper court.
(b) The petition must:
(1) describe the property to be condemned;
(2) state with specificity the public use for which the entity intends to acquire the property;
(3) state the name of the owner of the property if the owner is known;
(4) state that the entity and the property owner are unable to agree on the damages;
(5) if applicable, state that the entity provided the property owner with the landowner’s bill of rights statement in accordance with § 21.0112; and
(6) state that the entity made a bona fide offer to acquire the property from the property owner voluntarily as provided by § 21.0113.
Terms Used In Texas Property Code 21.012
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) An entity that files a petition under this section must concurrently provide a copy of the petition to the property owner by certified mail, return receipt requested, and first class mail. If the entity has received written notice that the property owner is represented by counsel, the entity must also concurrently provide a copy of the petition to the property owner’s attorney by first class mail, commercial delivery service, fax, or e-mail.