When the government is taking your land, who must pay the cost of the special commissioners' hearing?

After determining damages (the appropriate compensation for the property), the special commissioners must then determine the costs of the condemnation proceeding.

Section 21.047(a) of the Texas Property Code states:

Special commissioners may adjudge the costs of an eminent domain proceeding against any party. If the commissioners award greater damages than the condemnor offered...the condemnor shall pay all costs. If the commissioners’ award...is less than or equal to the amount the condemnor offered before proceedings began, the property owner shall pay the costs.

Section 21.047(d) of the Property Code states:

If a court hearing a suit under this chapter determines that a condemnor did not make a bona fide offer to acquire the property from the property owner voluntarily as required by Section 21.0113, the court shall abate the suit, order the condemnor entity to make a bona fide offer, and order the condemnor to pay (1) all costs as provided by Subsection (a); and (2) any reasonable attorney’s fees and other professional fees incurred by the property owner that are directly related to the violation.

 

Learn how to protect your rights when the government takes your land:
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
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David Todd
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Austin TX Family Law, Personal Injury and Eminent Domain Attorney