Texas Property Code

Sec. § 21.012
Condemnation Petition


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.


The petition must:


describe the property to be condemned;


state with specificity the public use for which the entity intends to acquire the property;


state the name of the owner of the property if the owner is known;


state that the entity and the property owner are unable to agree on the damages;


if applicable, state that the entity provided the property owner with the landowner’s bill of rights statement in accordance with Section 21.0112 (Provision of Landowner’s Bill of Rights Statement Required); and


state that the entity made a bona fide offer to acquire the property from the property owner voluntarily as provided by Section 21.0113 (Bona Fide Offer Required).


An entity that files a petition under this section must provide a copy of the petition to the property owner by certified mail, return receipt requested.
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.

Last accessed
Jun. 7, 2021