Petition For Condemnation

(For sample forms, see
Forms
for Cities and
Forms
for Counties.)
  • Who Signs
    • AAG
  • Where Filed
    • County court at law or district court as indicated on the petition. If there is more than one court of its type in the county where the land is located, the petition must be filed with the clerk for that court or courts
  • When Filed
    • First document to be filed when a condemnation is to be pursued.
  • Helpful Suggestions
    • Ensure property description and TxDOT prepared access and/or special clauses are attached. These must conform to the approved Minute Order.
    • Ensure title update has been requested.
    • Make sure a Cause Number is assigned.
    • If appropriate, make sure you have a check for up-front filing fees. (In many jurisdictions fees will be accumulated and billed at end of lawsuit.)
The following situations require special provisions in the petition:
  • Interstate - Partial Taking
  • Interstate - Access Denied
  • Interstate - Partial Taking with Easement
  • Interstate - Category I Bisection, Controlled Access
  • Non-Interstate Controlled Access - Partial Taking, Access Permitted
  • Non-Interstate Controlled Access - New Location, Access Partially Denied
  • Non-Interstate Controlled Access - Partial Taking with Easement
  • Non-Interstate Controlled Access - New Location, Access Denied
  • Non-Interstate Controlled Access - Whole Taking
  • Non-Interstate Non-Controlled Access - Partial Taking and Whole Taking
  • Non-Interstate Non-Controlled Access - Partial Taking with Easement
  • Non-Interstate Non-Controlled Access - Category I Bisection
  • Category I and/or II Bisection language
  • When IRS is a Defendant
    • Send file marked copy to AAG.