Sec. 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 Section 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 Section 21.0113.
(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.
Acts 1983, 68th Leg., p. 3498, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1201 (H.B. 1495), Sec. 4, eff. February 1, 2008.
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 9, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 826 (H.B. 2730), Sec. 8, eff. January 1, 2022.
Notes of Decisions
Hubenak v. San Jacinto Gas Transmission Co., 141 S.W.3d 172 (Tex. 2004).
· cites it 16× “In these nine consolidated condemnation cases, we must determine whether (1) provisions in Texas Property Code section 21.012 permitting a condemning authority to begin condemnation proceedings if it is "unable to agree with the owner of the property on the amount of damages"…”
State v. Bristol Hotel Asset Co., 65 S.W.3d 638 (Tex. 2002).
· cites it 4× “TEX. PROP.CODE § 21.012. A condemnation action is divided into two distinct stages.”
MidTexas Pipeline Co. v. Dernehl, 71 S.W.3d 852 (Tex. App. 2002).
· cites it 6× “After negotiations yielded no agreement, MidTexas filed a condemnation action pursuant to Tex. Prop.Code Ann. § 21.012 (Vernon 1984).”
Whittington v. City of Austin, 174 S.W.3d 889 (Tex. App. 2005).
· cites it 2× “a taking is "necessary” (or some equivalent term) to advance an unspecified public use could give rise to the presumption of necessity- 10 . Former article 3264, like section 21.”
Exxon Pipeline Co. v. Zwahr, 88 S.W.3d 623 (Tex. 2002).
“019; Tex. PROp.Code § 21.012. The land Exxon sought to condemn has a total surface acreage of 1.”
City of Keller v. Wilson, 86 S.W.3d 693 (Tex. App. 2002).
· cites it 2× “Tex. Prop.Code Ann. § 21.012 (Vernon 1984); see also Duncan v.”
MidTexas Pipeline Co. v. Wright, 141 S.W.3d 211 (Tex. App. 2002).
· cites it 6× “After negotiations yielded no agreement, MidTexas filed a condemnation action pursuant to TEX. PROP.CODE ANN. § 21.012 (Vernon 1984).”
MidTexas Pipeline Co. v. Wright, 141 S.W.3d 208 (Tex. App. 2002).
· cites it 6× “After negotiations yielded no agreement, MidTexas filed a condemnation action pursuant to TEX. PROP.CODE ANN. § 21.012 (Vernon 1984).”
City of Austin v. Harry M. Whittington, 384 S.W.3d 766 (Tex. 2012).
“Tex. Prop.Code § 21.012(b). The judge of the court then appoints “ ‘three disinterested freeholders who reside in the county as special commissioners to assess the damages.”
Harris Cnty. Appraisal Dist. v. Pasadena Prop., LP, 197 S.W.3d 402 (Tex. App. 2006).
· cites it 2× “012(b) (Vernon 2004) also states that a petition commencing a condemnation proceeding “must” state that the entity and the property owner are unable to agree on the damages.”
Lin v. Houston Cmty. Coll. Sys., 948 S.W.2d 328 (Tex. App. 1997).
· cites it 2× “In this regard, without additional specificity, Tex. Property Code Ann. § 21.012 (b)(2) (Vernon 1984) requires that the condemnation petition “state the purpose for which the entity intends to use the property.”
State v. Pr Investments, 132 S.W.3d 55 (Tex. App. 2004).
· cites it 2× “” Tex. PROp.Code Ann. § 21.012(b) (Vernon 2004).”
Weingarten Realty Investors v. Albertson's, Inc., 66 F. Supp. 2d 825 (S.D. Tex. 1999).
· cites it 2× “Tex.Prop.Code AnN. § 21.012. In this case, the institution of formal condemnation proceedings was not required because Weingarten agreed to convey the property to TxDOT.”
City of Tyler v. Beck, 196 S.W.3d 784 (Tex. 2006).
“TEX. PROP. CODE § 21.012. The court then appoints three special commissioners to conduct a hearing and determine just compensation.”
State v. Petropoulos, 346 S.W.3d 525 (Tex. 2011).
“See Tex. PROp.Code § 21.012(a). Special commissioners awarded the Petropouloses $116,080 as damages.”
Harris Cnty. Hosp. Dist. v. Textac Partners I, 257 S.W.3d 303 (Tex. App. 2008).
“Textac conceded below and on appeal that it was not asserting that the Hospital District failed to comply with the statutory requirements of Texas Property Code section 21.012. Therefore, the proceeding was not subject to abatement to allow the Hospital District to satisfy the…”
Hubenak v. San Jacinto Gas Transmission Co., 37 S.W.3d 133 (Tex. App. 2001).
“The only issue in this condemnation case is whether the trial court erred in finding that San Jacinto Gas Transmission Company (San Jacinto) met the jurisdictional requirement of TEX. PROP. CODE ANN. § 21.012 (Vernon 1984) before instituting the condemnation proceedings for two…”
City of Rosenberg v. State, 477 S.W.3d 878 (Tex. App. 2015).
· cites it 3× “eding by filing a petition in the proper court that (1) describes the property to be condemned, (2) states with specificity the public use for which the entity intends to acquire the property, (3) states the name of the owner of the property if the owner is known, (4) states…”
State v. Rogers, 772 S.W.2d 559 (Tex. App. 1989).
“Issue was joined upon that description and, at trial the parties stipulated “that the only question to be resolved is the value of the property taken.”
in Re Elec. Transmission Texas, LLC (Tex. App. 2015).
· cites it 2× “” Wyatt sought abatement of the condemnation proceeding on grounds that ETT failed to make a “valid initial offer or final offer letter” in accordance with Texas Property Code sections 21.012(b)(1) and 21.”
— Tex. Prop. Code § 21.012(a) — 39 cases
Hubenak v. San Jacinto Gas Transmission Co., 141 S.W.3d 172 (Tex. 2004).
“In these nine consolidated condemnation cases, we must determine whether (1) provisions in Texas Property Code section 21.012 permitting a condemning authority to begin condemnation proceedings if it is "unable to agree with the owner of the property on the amount of damages"…”
MidTexas Pipeline Co. v. Dernehl, 71 S.W.3d 852 (Tex. App. 2002).
“After negotiations yielded no agreement, MidTexas filed a condemnation action pursuant to Tex. Prop.Code Ann. § 21.012 (Vernon 1984).”
State v. Petropoulos, 346 S.W.3d 525 (Tex. 2011).
“See Tex. PROp.Code § 21.012(a). Special commissioners awarded the Petropouloses $116,080 as damages.”
MidTexas Pipeline Co. v. Wright, 141 S.W.3d 211 (Tex. App. 2002).
“After negotiations yielded no agreement, MidTexas filed a condemnation action pursuant to TEX. PROP.CODE ANN. § 21.012 (Vernon 1984).”
MidTexas Pipeline Co. v. Wright, 141 S.W.3d 208 (Tex. App. 2002).
“After negotiations yielded no agreement, MidTexas filed a condemnation action pursuant to TEX. PROP.CODE ANN. § 21.012 (Vernon 1984).”
Harris Cnty. Appraisal Dist. v. Pasadena Prop., LP, 197 S.W.3d 402 (Tex. App. 2006).
“012(b) (Vernon 2004) also states that a petition commencing a condemnation proceeding “must” state that the entity and the property owner are unable to agree on the damages.”
Weingarten Realty Investors v. Albertson's, Inc., 66 F. Supp. 2d 825 (S.D. Tex. 1999).
“Tex.Prop.Code AnN. § 21.012. In this case, the institution of formal condemnation proceedings was not required because Weingarten agreed to convey the property to TxDOT.”
— Tex. Prop. Code § 21.012(b) — 11 cases
City of Austin v. Harry M. Whittington, 384 S.W.3d 766 (Tex. 2012).
“Tex. Prop.Code § 21.012(b). The judge of the court then appoints “ ‘three disinterested freeholders who reside in the county as special commissioners to assess the damages.”
MidTexas Pipeline Co. v. Dernehl, 71 S.W.3d 852 (Tex. App. 2002).
“After negotiations yielded no agreement, MidTexas filed a condemnation action pursuant to Tex. Prop.Code Ann. § 21.012 (Vernon 1984).”
Whittington v. City of Austin, 174 S.W.3d 889 (Tex. App. 2005).
“a taking is "necessary” (or some equivalent term) to advance an unspecified public use could give rise to the presumption of necessity- 10 . Former article 3264, like section 21.”
MidTexas Pipeline Co. v. Wright, 141 S.W.3d 211 (Tex. App. 2002).
“After negotiations yielded no agreement, MidTexas filed a condemnation action pursuant to TEX. PROP.CODE ANN. § 21.012 (Vernon 1984).”
MidTexas Pipeline Co. v. Wright, 141 S.W.3d 208 (Tex. App. 2002).
“After negotiations yielded no agreement, MidTexas filed a condemnation action pursuant to TEX. PROP.CODE ANN. § 21.012 (Vernon 1984).”
Harris Cnty. Appraisal Dist. v. Pasadena Prop., LP, 197 S.W.3d 402 (Tex. App. 2006).
“012(b) (Vernon 2004) also states that a petition commencing a condemnation proceeding “must” state that the entity and the property owner are unable to agree on the damages.”
— Tex. Prop. Code § 21.012(b)(1) — 5 cases
State v. Rogers, 772 S.W.2d 559 (Tex. App. 1989).
“Issue was joined upon that description and, at trial the parties stipulated “that the only question to be resolved is the value of the property taken.”
in Re Elec. Transmission Texas, LLC (Tex. App. 2015).
“” Wyatt sought abatement of the condemnation proceeding on grounds that ETT failed to make a “valid initial offer or final offer letter” in accordance with Texas Property Code sections 21.012(b)(1) and 21.”
— Tex. Prop. Code § 21.012(b)(2) — 3 cases
— Tex. Prop. Code § 21.012(b)(3) — 2 cases
— Tex. Prop. Code § 21.012(b)(4) — 7 cases
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