Tex. Prop. Code Section 21.014
Special Commissioners

(a)

The judge of a court in which a condemnation petition is filed or to which an eminent domain case is assigned shall, not later than the 30th calendar day after the petition is filed, appoint three disinterested real property owners who reside in the county as special commissioners to assess the damages of the owner of the property being condemned and appoint two disinterested real property owners who reside in the county as alternate special commissioners. The judge appointing the special commissioners shall give preference to persons agreed on by the parties, if any, before the court appoints the special commissioners. The judge shall provide the names and contact information of the special commissioners and alternate special commissioners to the parties. Each party shall have until the later of 10 calendar days after the date of the order appointing the special commissioners or 20 days after the date the petition was filed to strike one of the three special commissioners. Any strike of a special commissioner must be filed electronically with electronic service provided concurrently to any represented party and first class mail service provided concurrently to any other party. If a person fails to serve as a special commissioner or is struck by a party to the suit in accordance with this subsection, an alternate special commissioner shall serve as a replacement for the special commissioner based on the order that the alternate special commissioners are listed in the initial order of appointment. If a party exercises a strike, the other party may, by the later of the third day after the date of filing of the initial strike or the date of the initial strike deadline, strike a special commissioner from the resulting panel, provided the other party has not earlier exercised a strike.

(b)

The special commissioners shall swear to assess damages fairly, impartially, and according to the law.

(c)

Special commissioners may compel the attendance of witnesses and the production of testimony, administer oaths, and punish for contempt in the same manner as a county judge.

(d)

Each party in an eminent domain proceeding is entitled to a copy of the court’s order appointing special commissioners under Subsection (a). The court must promptly provide the signed order to the party initiating the condemnation proceeding and that party must provide a copy of the signed order to the property owner and each other party by certified mail, return receipt requested. If the entity has received written notice that the property owner is represented by counsel, the party initiating the condemnation proceeding must concurrently provide a copy of the signed order to the property owner’s attorney by first class mail, commercial delivery service, fax, or e-mail.
Acts 1983, 68th Leg., p. 3499, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 10, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 826 (H.B. 2730), Sec. 9, eff. January 1, 2022.

Source: Section 21.014 — Special Commissioners, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­21.­htm#21.­014 (accessed Apr. 13, 2024).

21.001
Concurrent Jurisdiction 21.002
Transfer of Cases 21.003
District Court Authority 21.011
Standard Procedure 21.012
Condemnation Petition 21.013
Venue 21.014
Special Commissioners 21.015
Hearing 21.016
Notice 21.017
Alternative Pleadings 21.018
Appeal from Commissioners’ Findings 21.019
Dismissal of Condemnation Proceedings 21.020
Reinstatement of Condemnation Proceedings 21.021
Possession Pending Litigation 21.022
Authority of Courts 21.023
Disclosure of Information Required at Time of Acquisition 21.025
Production of Information by Certain Entities 21.041
Evidence 21.042
Assessment of Damages 21.043
Displacement from Dwelling or Place of Business 21.044
Damages from Temporary Possession 21.045
Title Acquired 21.046
Relocation Assistance Program 21.047
Assessment of Costs and Fees 21.048
Statement of Damages and Costs 21.049
Notice of Decision of Special Commissioners 21.061
Judgment on Commissioners’ Findings 21.062
Writ of Possession 21.063
Appeal 21.064
Injunctive Relief 21.065
Vested Interest 21.0101
Effect of Chapter on Survey Access Rights 21.101
Right of Repurchase 21.102
Notice to Previous Property Owner Required 21.103
Resale of Property 21.0111
Disclosure of Certain Information Required 21.0112
Provision of Landowner’s Bill of Rights Statement Required 21.0113
Bona Fide Offer Required 21.0114
Required Terms for Instruments of Conveyance of Certain Easements 21.0121
Condemnation to Acquire Water Rights 21.0195
Dismissal of Certain Condemnation Proceedings 21.0211
Payment of Ad Valorem Taxes 21.0421
Assessment of Damages: Groundwater Rights 21.1021
Requests for Information Regarding Condemned Property 21.1022
Limitations Period for Repurchase Right
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

§ 21.014’s source at texas​.gov