Tex. Codes » Property Code · TITLE 4. ACTIONS AND REMEDIES · CHAPTER 21. EMINENT DOMAIN
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Tex. Prop. Code § 21.016 (2026)

Notice

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Sec. 21.016. NOTICE. (a) Each party in an eminent domain proceeding is entitled to written notice issued by the special commissioners informing the party of the time and place of the hearing.

(b) Notice of the hearing must be served on a party not later than the 20th day before the day set for the hearing. A person competent to testify may serve the notice.

(c) A person who serves a notice shall return the original notice to the special commissioners on or before the day set for hearing. The person shall write a return of service on the notice that states how and when it was served.

(d) Notice may be served:

(1) by delivering a copy of the notice to the party or to the party's agent or attorney;

(2) if the property being condemned belongs to a deceased's estate or to a minor or other legally disabled person and the person or estate has a legal representative, by delivering a copy of the notice to the legal representative; or

(3) if the property being condemned belongs to a nonresident of this state and there has been no personal service on the owner, if the identity or the residence of the property owner is unknown, or if the property owner avoids service of notice by hiding, by publication in the same manner as service of citation by publication in other civil cases in the district courts or county courts at law.

Acts 1983, 68th Leg., p. 3500, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 12, eff. September 1, 2011.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1989–2024 · leading case: State v. Bristol Hotel Asset Co., 65 S.W.3d 638 (Tex. 2002).
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State v. Bristol Hotel Asset Co., 65 S.W.3d 638 (Tex. 2002). · cites it 15× “TEX. PROP.CODE § 21.016. A person is competent to testify unless the court determines he or she is (1) "insane" as our rules of evidence define, or (2) a child or any other person who the court finds "does not possess sufficient intellect" to testify.”
Manning v. Enbridge Pipelines (East Texas) L.P., 345 S.W.3d 718 (Tex. App.—Beaumont 2011). · cites it 2× “Tex. Prop.Code Ann. § 21.016(d). The notice in the record is to “William K.”
State v. Bristol Hotel Asset Co., 30 S.W.3d 418 (Tex. App.—San Antonio 2000). · cites it 4× “In its second point of error, the State contends the trial court erred by excluding Kelly’s testimony when offered to prove that service of notice of the commissioners’ hearing was made in compliance with Tex. Prop.Code Ann. § 21.016. The State contends the discovery rules…”
Lin v. Houston Cmty. Coll. Sys., 948 S.W.2d 328 (Tex. App.—Amarillo 1997). “” In doing so, they refer to the requirements in Tex. Prop.Code § 21.016 that each party in a condemnation proceeding is entitled to a written notice issued by the commissioners of the time and place of the hearing and that the notice should be returned “on or before the day set…”
State v. Blackstock, 879 S.W.2d 125 (Tex. App.—Houston [14th Dist.] 1994). “See Tex.PROp.Code Ann. § 21.016(a) (Vernon 1984).”
Enbridge Pipelines (East Texas) L.P. v. Saratoga Timber Co., Ltd., Batson Corridor, L.P., & Timbervest Partners Texas, L.P., No. 13-14-00381-CV (Tex. App.—Corpus Christi Jan. 15, 2015). · cites it 14× “7 TEX. PROP. CODE ANN. § 21.016(d)(1) (Vernon 2004) .”
Adriene Sibley v. Port Freeport, No. 01-22-00860-CV (Tex. App.—Houston [1st Dist.] Feb. 27, 2024). · cites it 4× “TEX. PROP. CODE § 21.016(a). Sibley did not complain in the trial court, as she does on appeal, that the notice of the commissioners’ hearing was flawed because it was issued by the Port 15 We disagree with the Port’s contention that service of the notice of hearing was deemed…”
Pappas Restaurants, Inc. & Pappas Bar-B-Q, Inc. v. State of Texas, No. 01-15-00001-CV (Tex. App.—Houston [1st Dist.] May 18, 2015). · cites it 4× “APPENDIX B Tex. Prop. Code § 21.016 ................”
John Neal Jones & Wife, Elsie Lee Jones v. Guadalupe Valley Tel. Coop., Inc., No. 03-93-00006-CV (Tex. App.—Austin Dec. 7, 1994). · cites it 2× “" Tex. Prop. Code Ann. § 21.016 (b)(West 1984)(section 21.”
Kenneth Russell & Teresa Russell v. State of Texas & Tarrant Cnty., Texas, No. 02-14-00178-CV (Tex. App.—Fort Worth Apr. 20, 2015). “See Tex. Prop. Code Ann. § 21.016 (b). It appears that the hearing was rescheduled to June 12, 2013, to comply with this notice requirement.”
Edgar Todd Love v. Texas Express Pipeline LLC, No. 10-13-00176-CV (Tex. App.—Waco Mar. 6, 2014). “See TEX. PROP. CODE ANN. § 21.016(d)(3) (West Supp.”
D. Arlon Groves as Tr. of the Courtney L. & Lady A. Groves Trusts v. Wind Energy Transmission Texas, LLC, No. 11-12-00107-CV (Tex. App.—Eastland Aug. 16, 2012). “TEX. PROP. CODE ANN. § 21.016 historical note (West Supp.”
Show all 14 citing cases →
Tex. Prop. Code § 21.016(a): 3 cases
State v. Blackstock, 879 S.W.2d 125 (Tex. App.—Houston [14th Dist.] 1994). “See Tex.PROp.Code Ann. § 21.016(a) (Vernon 1984).”
State v. Bristol Hotel Asset Co., 30 S.W.3d 418 (Tex. App.—San Antonio 2000). “In its second point of error, the State contends the trial court erred by excluding Kelly’s testimony when offered to prove that service of notice of the commissioners’ hearing was made in compliance with Tex. Prop.Code Ann. § 21.016. The State contends the discovery rules…”
Adriene Sibley v. Port Freeport, No. 01-22-00860-CV (Tex. App.—Houston [1st Dist.] Feb. 27, 2024). “TEX. PROP. CODE § 21.016(a). Sibley did not complain in the trial court, as she does on appeal, that the notice of the commissioners’ hearing was flawed because it was issued by the Port 15 We disagree with the Port’s contention that service of the notice of hearing was deemed…”
Tex. Prop. Code § 21.016(b): 3 cases
State v. Bristol Hotel Asset Co., 65 S.W.3d 638 (Tex. 2002). “TEX. PROP.CODE § 21.016. A person is competent to testify unless the court determines he or she is (1) "insane" as our rules of evidence define, or (2) a child or any other person who the court finds "does not possess sufficient intellect" to testify.”
State v. Bristol Hotel Asset Co., 30 S.W.3d 418 (Tex. App.—San Antonio 2000). “In its second point of error, the State contends the trial court erred by excluding Kelly’s testimony when offered to prove that service of notice of the commissioners’ hearing was made in compliance with Tex. Prop.Code Ann. § 21.016. The State contends the discovery rules…”
Enbridge Pipelines (East Texas) L.P. v. Saratoga Timber Co., Ltd., Batson Corridor, L.P., & Timbervest Partners Texas, L.P., No. 13-14-00381-CV (Tex. App.—Corpus Christi Jan. 15, 2015). “7 TEX. PROP. CODE ANN. § 21.016(d)(1) (Vernon 2004) .”
Tex. Prop. Code § 21.016(c): 2 cases
State v. Bristol Hotel Asset Co., 65 S.W.3d 638 (Tex. 2002). “TEX. PROP.CODE § 21.016. A person is competent to testify unless the court determines he or she is (1) "insane" as our rules of evidence define, or (2) a child or any other person who the court finds "does not possess sufficient intellect" to testify.”
Enbridge Pipelines (East Texas) L.P. v. Saratoga Timber Co., Ltd., Batson Corridor, L.P., & Timbervest Partners Texas, L.P., No. 13-14-00381-CV (Tex. App.—Corpus Christi Jan. 15, 2015). “7 TEX. PROP. CODE ANN. § 21.016(d)(1) (Vernon 2004) .”
Tex. Prop. Code § 21.016(d): 3 cases
Manning v. Enbridge Pipelines (East Texas) L.P., 345 S.W.3d 718 (Tex. App.—Beaumont 2011). “Tex. Prop.Code Ann. § 21.016(d). The notice in the record is to “William K.”
Adriene Sibley v. Port Freeport, No. 01-22-00860-CV (Tex. App.—Houston [1st Dist.] Feb. 27, 2024). “TEX. PROP. CODE § 21.016(a). Sibley did not complain in the trial court, as she does on appeal, that the notice of the commissioners’ hearing was flawed because it was issued by the Port 15 We disagree with the Port’s contention that service of the notice of hearing was deemed…”
Enbridge Pipelines (East Texas) L.P. v. Saratoga Timber Co., Ltd., Batson Corridor, L.P., & Timbervest Partners Texas, L.P., No. 13-14-00381-CV (Tex. App.—Corpus Christi Jan. 15, 2015). “7 TEX. PROP. CODE ANN. § 21.016(d)(1) (Vernon 2004) .”
Tex. Prop. Code § 21.016(d)(1): 1 case
Enbridge Pipelines (East Texas) L.P. v. Saratoga Timber Co., Ltd., Batson Corridor, L.P., & Timbervest Partners Texas, L.P., No. 13-14-00381-CV (Tex. App.—Corpus Christi Jan. 15, 2015). “7 TEX. PROP. CODE ANN. § 21.016(d)(1) (Vernon 2004) .”
Tex. Prop. Code § 21.016(d)(2): 1 case
Manning v. Enbridge Pipelines (East Texas) L.P., 345 S.W.3d 718 (Tex. App.—Beaumont 2011). “Tex. Prop.Code Ann. § 21.016(d). The notice in the record is to “William K.”
Tex. Prop. Code § 21.016(d)(3): 2 cases
Adriene Sibley v. Port Freeport, No. 01-22-00860-CV (Tex. App.—Houston [1st Dist.] Feb. 27, 2024). “TEX. PROP. CODE § 21.016(a). Sibley did not complain in the trial court, as she does on appeal, that the notice of the commissioners’ hearing was flawed because it was issued by the Port 15 We disagree with the Port’s contention that service of the notice of hearing was deemed…”
Edgar Todd Love v. Texas Express Pipeline LLC, No. 10-13-00176-CV (Tex. App.—Waco Mar. 6, 2014). “See TEX. PROP. CODE ANN. § 21.016(d)(3) (West Supp.”
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