Texas Property Code, Section 21.001, states that district and county courts at law have concurrent jurisdiction over eminent domain proceedings. However, constitutionally created county and municipal courts have no authority to preside over condemnation proceedings. If an eminent domain case is pending in a county court at law and a question arises involving title to the property, the case must be transferred to the district court. There are a few instances that the jurisdictional provisions of Chapter 21 do not apply. Therefore, it is important to reference the enabling statute authorizing a particular county court at law’s creation. Also, if the landowner of the property is an estate, the condemnation proceedings will be held in the court handling the probate sale of that estate.

Section 21.013 also contains venue provisions relating to condemnation proceedings. Venue refers to the appropriate location in which a condemnation proceeding may be tried. These provisions state:

a. The proper venue for a condemnation proceeding is the county in which the property owner resides—if the owner resides in the same county as the property. If the property owner does not reside in the same county as the property, proper venue lies in any county in which at least part of the condemned property is located.

b. Ordinarily, if one or more county courts at law have jurisdiction over the condemned property, the party initiating a condemnation proceeding shall file the petition with any authorized clerk for that court or courts.

c. A party initiating a condemnation proceeding in a county in which there is not a county court at law must file the condemnation petition with the district clerk. 

Condemnation proceedings primarily occur in county courts at law.

Learn how to protect yourself when a company or the government wants to take your land by clicking to download your free copy of the Texas Eminent Domain Guide.

Act Now to Protect Your Rights and Your Land. 

Condemnation projects move quickly and deadlines affect your legal rights, so don't delay contacting an eminent domain attorney.

If you want to learn how we can help protect your rights as a Texas landowner, and get the peace of mind that comes with:

  • free confidential review of your case
  • Protection from right-of-way agent "dirty tricks"
  • Our free Texas Eminent Domain Guide explaining how to protect your rights
  • Our "No Win No Fee" Guarantee

Call us now at (512) 472-7799, start a live chat, or reach out through our contact form

Get Your Free Case Evaluation

Get the Free Guide


David Todd
Connect with me
Austin Texas Eminent Domain Condemnation Attorney