Tex. Codes » Property Code · TITLE 4. ACTIONS AND REMEDIES · CHAPTER 21. EMINENT DOMAIN
Texas Codes

Tex. Prop. Code § 21.013 (2026)

Venue; Fees And Processing For Suit Filed In District Court

✓ current as of May 2026
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Sec. 21.013. VENUE; FEES AND PROCESSING FOR SUIT FILED IN DISTRICT COURT. (a) The venue of a condemnation proceeding is the county in which the owner of the property being condemned resides if the owner resides in a county in which part of the property is located. Otherwise, the venue of a condemnation proceeding is any county in which at least part of the property is located.

(b) Except where otherwise provided by law, a party initiating a condemnation proceeding in a county in which there is one or more county courts at law with jurisdiction shall file the petition with any clerk authorized to handle such filings 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. The filing fee shall be due at the time of filing.

(d) District and county clerks shall assign an equal number of eminent domain cases in rotation to each court with jurisdiction that the clerk serves.

Acts 1983, 68th Leg., p. 3499, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. 760, Sec. 1, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 756, Sec. 1, eff. June 18, 1999.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 4.09, eff. January 1, 2022.

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1987–2025 · leading case: Doan v. Transcanada Keystone Pipeline, LP, 542 S.W.3d 794 (Tex. App. 2018).
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Doan v. Transcanada Keystone Pipeline, LP, 542 S.W.3d 794 (Tex. App. 2018). · cites it 3× “Texas Property Code section 21.013(b) says that if the county has a county court at law with jurisdiction over a condemnation proceeding, then the petition initiating a condemnation proceeding must be filed with the clerk for that court.”
State v. Gracia, 56 S.W.3d 196 (Tex. App. 2001). · cites it 4× “See Tex. PROp.Code Ann. § 21.013 (Vernon Supp.”
Pinnacle Gas Treating, Inc. v. Read, 160 S.W.3d 564 (Tex. 2005). · cites it 2× “See Tex. Prop.Code § 21.013(d). This case, which involves an easement over the Reads’ property for a gas pipeline, was assigned to Judge Sandel of the 278th court.”
Seiler v. Intrastate Gathering Corp., 730 S.W.2d 133 (Tex. App. 1987). · cites it 3× “TEX.PROP.CODE § 21.013 reads, in pertinent part: (c) A party initiating a condemnation proceeding in a county in which there is not a county court at law with jurisdiction must file the condemnation petition with the district judge or, if there is more than one district court in…”
Schumann v. City of Schertz, 100 S.W.3d 361 (Tex. App. 2002). · cites it 2× “The filing fee shall be due at the time of filing in accordance with section 51.317, Government Code. (d) District and county clerks shall assign an equal number of eminent domain cases in rotation to each court with jurisdiction that the clerk serves.”
In Re Transcontinental Realty Investors, Inc., 271 S.W.3d 270 (Tex. 2008). “013 of the Property Code requires condemnation suits to be brought where the owner resides if the property is at least partly in that county: The venue of a condemnation proceeding is the county in which the owner of the property being condemned resides if the owner resides in a…”
San Jacinto River Auth. v. Vicente Medina, Ashley Medina & Aris Antoniou, 570 S.W.3d 820 (Tex. App. 2018). “” TEX. PROP. CODE § 21.013(a). The Property Code further provides: “Except where otherwise provided by law, a party initiating a condemnation proceeding in a county in which there is one or more county courts at law with jurisdiction shall file the petition with any clerk…”
Eller Media Co. v. State, 51 S.W.3d 783 (Tex. App. 2001). · cites it 2× “” Tex. Prop.Code Ann. § 21.013(b). Therefore, the district court correctly dismissed the proceeding to permit the DOT to refile it with the county clerk.”
Harris Cnty., Texas v. Union Pac. R. Co., 807 F. Supp. 2d 624 (S.D. Tex. 2011). · cites it 2× “Tex. Prop.Code Ann. § 21.013. Petitions in condemnation are filed in county court; however, a condemnation proceeding is “neither a suit at law nor a case in equity,” and is “not within the general jurisdiction of the county court.”
Pinnacle Gas Treating, Inc. v. Read, 13 S.W.3d 126 (Tex. App. 2000). “Tex. PROp.Code Ann. § 21.013(d) (Vernon Supp.”
City of Tyler v. Beck, 198 S.W.3d 1 (Tex. App. 2004). “See Tex. PROP.Code Ann. §§ 21.013, 21.014 (Vernon 2004).”
Pinnacle Gas Treating, Inc. v. Raymond Michael Read, Mark William Read, Owners, & Thomas I. Fetzer, II, Lienholder, 143 S.W.3d 165 (Tex. App. 2004). · cites it 2× “” Tex. Prop. Code Ann. § 21.013 (d). Section 21.”
Show all 16 citing cases →
— Tex. Prop. Code § 21.013(a) — 2 cases
In Re Transcontinental Realty Investors, Inc., 271 S.W.3d 270 (Tex. 2008). “013 of the Property Code requires condemnation suits to be brought where the owner resides if the property is at least partly in that county: The venue of a condemnation proceeding is the county in which the owner of the property being condemned resides if the owner resides in a…”
San Jacinto River Auth. v. Vicente Medina, Ashley Medina & Aris Antoniou, 570 S.W.3d 820 (Tex. App. 2018). “” TEX. PROP. CODE § 21.013(a). The Property Code further provides: “Except where otherwise provided by law, a party initiating a condemnation proceeding in a county in which there is one or more county courts at law with jurisdiction shall file the petition with any clerk…”
— Tex. Prop. Code § 21.013(b) — 3 cases
Doan v. Transcanada Keystone Pipeline, LP, 542 S.W.3d 794 (Tex. App. 2018). “Texas Property Code section 21.013(b) says that if the county has a county court at law with jurisdiction over a condemnation proceeding, then the petition initiating a condemnation proceeding must be filed with the clerk for that court.”
Eller Media Co. v. State, 51 S.W.3d 783 (Tex. App. 2001). “” Tex. Prop.Code Ann. § 21.013(b). Therefore, the district court correctly dismissed the proceeding to permit the DOT to refile it with the county clerk.”
State v. Gracia, 56 S.W.3d 196 (Tex. App. 2001). “See Tex. PROp.Code Ann. § 21.013 (Vernon Supp.”
— Tex. Prop. Code § 21.013(c) — 2 cases
Seiler v. Intrastate Gathering Corp., 730 S.W.2d 133 (Tex. App. 1987). “TEX.PROP.CODE § 21.013 reads, in pertinent part: (c) A party initiating a condemnation proceeding in a county in which there is not a county court at law with jurisdiction must file the condemnation petition with the district judge or, if there is more than one district court in…”
Pinnacle Gas Treating, Inc. v. Raymond Michael Read, Mark William Read, Owners, & Thomas I. Fetzer, II, Lienholder, 143 S.W.3d 165 (Tex. App. 2004). “” Tex. Prop. Code Ann. § 21.013 (d). Section 21.”
— Tex. Prop. Code § 21.013(d) — 2 cases
Pinnacle Gas Treating, Inc. v. Read, 160 S.W.3d 564 (Tex. 2005). “See Tex. Prop.Code § 21.013(d). This case, which involves an easement over the Reads’ property for a gas pipeline, was assigned to Judge Sandel of the 278th court.”
Pinnacle Gas Treating, Inc. v. Read, 13 S.W.3d 126 (Tex. App. 2000). “Tex. PROp.Code Ann. § 21.013(d) (Vernon Supp.”
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