“Charles McFarland has helped me with three different condemnation proceedings. We were very pleased with his professionalism and with the results he got.” –Beth Brown, MEBB Enterprises • “In real estate matters, we turn to McFarland for everything.” –Robert Lanham, Williams Brothers Construction Co., Inc. • “Charles McFarland exercised excellent knowledge of condemnation law, which was extremely useful in my complicated and unique case. His counsel and patience was very much appreciated.” –Jeff Lyon, Redfish Island, Inc. • “My condemnation case involved a very unique property, which posed difficult hurdles in the Texas condemnation process. Charles McFarland helped navigate each of these frustratin hurdles with a successful outcome.” –Jeff L • “Charles McFarland exercised excellent knowledge of condemnation law, which was extremely useful in my complicated and unique case. His counsel and patience was very much appreciated.” • “Charles McFarland is the best.” – Syed B. • “Great working with the McFarland firm, especially Laura Manion. They were very knowledgeable, responsive and accessible. The outcome was amazing.” – Barbara R. • “He is a first class lawyer. I have been in the real estate business for 37 years. Charles McFarland has handled two condemnation proceedings for me and he is thoughtful, cerebral and talented.” • “Charles and the lawyers at McFarland are extremely smart and thorough. Glad to have both Charles and Laura in our corner when we need them. We have used the firm twice and were pleased both times.” • “McFarland is bold, creative and best in this space.” • “I’ve had an outstanding experience working with McFarland’s vast knowledge of condemnation proceedings.” – Frank M. • “McFarland is one of the best law firms I have ever had the pleasure to work alongside.” – Steve M. • “McFARLAND did a great job taking care of us.” – Ed M. • “Mr. McFarland has taken the time to understand what he is representing.” • “Charles McFarland does a wonderful job. He really knows condemnation law and gets great results for his clients!” • “McFarland in our estimation is the best at his specialty. No one else handles this business line for us.” • “McFarland is recognized in industry circles as the BEST at eminent domain and condemnation law. They are our attorney of choice in ANY and ALL property related matters.” • “Great expertise, and we received a great result. I would definitely hire them again” • “Excellent service and expertise. They are the leaders in this field. I have watched them educate lawyers on the other side!” •

Standing Up For Landowners. Standing Up To Government.

Special Commissioners’ Hearings

Every statutory condemnation case must go through an administrative phase in which disinterested landowners in the county are appointed as Special Commissioners to assess the market value based on evidence presented by both sides in an informal hearing.

The attorneys at McFarland PLLC handled hundreds of Special Commissioners’ hearings for landowners and are immersed in all aspects of condemnation procedures and pitfalls.

What to Expect?

The administrative hearing allows each side to explain its position and expose the weaknesses of its opponent’s position to a panel of disinterested decision-makers. After hearing the evidence and receiving the award, the parties are in a much better position to evaluate their respective positions and consider settlement. Many cases are resolved following the administrative phase. However, either side may appeal the award for any reason, at which point the case proceeds as any other civil case on the court’s docket.

The Special Commissioners

The special commissioners are three landowners with no interest in the property being condemned and no connection to the parties involved in the condemnation. They are appointed by the judge. Each party is given time to strike one of the commissioners for any reason. Occasionally, a commissioner may be stricken if they are not qualified to render a fair and impartial decision.

In making their determination, the special commissioners take into account:

The market value of the condemned property
Any reduction or increase in property value caused by the condemnation
The condemning entity’s plans for the property

FAQs: Special Commissioners’ Hearings In Texas Condemnation Cases

If you have concerns about a pending Special Commissioners’ hearing, the following questions and answers can offer additional insight.

What is the role of Special Commissioners in a condemnation case?

Special Commissioners are impartial landowners assembled from the local county. They are appointed by a judge to determine the fair market value of the property being condemned. Their roles involve assessing the property, including any damages, and providing an objective valuation.

How is the market value of my property assessed during a Special Commissioners’ hearing?

The assessment is based on evidence from the property owner and the condemning authority. Such evidence can include appraisals, expert testimony, and any other relevant documentation. The Special Commissioners consider various approaches to valuation, such as comparable sales, cost, and income-based methods.

What can I expect during the Special Commissioners’ hearing process?

Each party presents their evidence and arguments regarding the property’s value. The Special Commissioners then deliberate and issue a written decision regarding the property’s valuation. The process is designed to be fair and transparent, with both sides having an equal opportunity to present their case.

How can an attorney help me prepare for and navigate a Special Commissioners’ hearing?

An attorney can assist by gathering and presenting evidence, cross-examining witnesses, and ensuring your rights remain protected throughout the process. They can also provide strategic advice and representation, potentially improving your chances of achieving a favorable outcome.

What are my options if I disagree with the valuation determined by the Special Commissioners?

Disagreements are not uncommon. If you believe the Special Commissioners’ valuation is inaccurate, you can file an objection and request a trial de novo, in which the entire case is presented anew, as if no previous trial had occurred. Other options include settlement negotiations with the condemning authority and mediation to resolve the dispute.

An attorney with experience successfully handling Special Commissioners’ hearings and condemnation cases can help you determine the best course of action for your situation.

What is a Special Commissioners’ Hearing in Texas eminent domain proceedings?

In Texas, a Special Commissioners’ Hearing is key when the government or an authorized entity seeks to take private property for public use, like roads or pipelines, and cannot agree with the landowner on compensation. After a condemnation petition is filed, a judge appoints three impartial local landowners as special commissioners. These are not lawyers or judges but county property owners tasked with determining fair payment.

The hearing is an administrative process, not a formal trial, focusing solely on the property’s value and any damage to what remains. The commissioners hear both sides, review evidence and issue an award—the amount they believe compensates the loss. This award is not final; either party can appeal to a court if dissatisfied. Governed by the Texas Property Code, this process balances property rights with public needs.

How can I prepare for a Special Commissioners’ Hearing for my commercial property?

Getting ready for a Special Commissioners’ Hearing for your commercial property takes some practical steps.

Start by collecting key documents such as deeds, leases, tax records and income statements showing how your business uses the land. These establish ownership and value.
Next, assess how the taking impacts your property—losing a parking lot or access road, for example, might hurt your operations.
Hire an appraiser experienced in commercial properties to estimate market value and losses; their report strengthens your case. Practice explaining the impact clearly and bring visuals like photos or maps to illustrate your points.

You will get at least 20 days’ notice before the hearing—use that time wisely. The commissioners only decide compensation, not the taking’s legality, so they focus on financial impact and evidence.

What role do appraisers play in Special Commissioners’ Hearings?

Appraisers are central to Special Commissioners’ Hearings because they provide a professional estimate of your property’s value, which the commissioners rely on to set compensation. The condemning entity will present its appraiser’s report, often arguing for a lower amount. As part of their roles, your appraiser will:

Conduct a thorough assessment of the property’s fair market value.
Provide an appraisal report detailing land use, improvements and comparable sales.
Offer testimony on factors that impact property value, such as location, zoning and economic conditions.
Critique the valuation presented by the condemning entity to help ensure a fair compensation determination.

Texas law demands just compensation, making a skilled appraiser a must-have for a fair outcome.

What evidence is typically presented at a Special Commissioners’ Hearing?

Both sides present evidence to prove the property’s value and damages. Common items include deeds, tax assessments and sales records of similar properties to establish market value. For commercial properties, profit-and-loss statements or leases can show income loss. Photos, surveys or maps help depict the land and the taking’s impact – like a highway splitting your property.

Appraiser reports are key, detailing the value of what is taken and the harm to what is left, such as reduced usability. The condemning entity offers its own evidence, typically an appraisal and project plans, to support a lower award. Witnesses, including appraisers or you as the owner, may speak. Texas law keeps evidence flexible; the evidence does not need courtroom rigor but must be relevant to compensation.

The Importance Of Legal Counsel

The administrative hearings represent a landowner’s best early opportunity to maximize compensation. For this reason, it is important to have an experienced attorney protecting your interests. It is a contested evidentiary hearing, so the condemning authority, typically represented by experienced counsel, is at an extreme advantage if you are not similarly represented.

Our attorneys are here to protect your rights during all aspects of a condemnation action, including the Special Commissioners’ hearing. To arrange a legal consultation with an experienced Texas eminent domain lawyer, contact our offices online or by telephone at 713-325-9700.