The following factors may be taken into consideration when considering whether or not to appeal an award, and may be used for documentation purposes:

Any legal deficiencies in the appraisals approved by the reviewing appraiser. An appraiser may not have had the benefit of legal advice as to the compensability of certain elements of value or damage, the offsetting of benefits, the identification of fixtures, the determination of what constitutes the remaining property for assessment of damages, or any number of other pertinent legal considerations.
Inadequacy of data upon which the appraisals are based, or improper application of legal principles to the appraisal processes.
The competency and effectiveness of an appraiser as a witness, to include:
ability and experience as an appraiser
reputation in the area,
ability to persuasively and clearly explain his opinion of value and the reasons therefore to a court or jury, and
ability to stand up under cross-examination.
Adjustment of appraisals to conform to the date of valuation under law.
All available appraisals, including landowner's appraisals.
Interest or delayed damage payments to which an owner may be entitled under Texas law.
Serious doubt as to the highest and best use of the property at the time of the taking and, in appropriate instances, the remaining property after the taking.
Extremely complex severance damage or other valuation problems that necessarily produce uncertainties as to value.
Uncertainty of Texas law relative to the measure or compensability of particular elements of value or damage, or the admissibility or adequacy of evidence necessary to prove facts in issue, where the circumstances or the evidence make it inadvisable to test the question in the case under consideration.
Awards of commissioners or other administrative or quasi-judicial bodies. In Texas, the amount of the award is not admissible.
Recent court awards for eminent domain takings in the area.

In addition, the following items may be considered in conjunction with the items in the preceding subsection as justification for settlements. They will not, however, suffice as the sole justification:

costs to the acquiring agency and its counsel for preparing and presenting the case at trial or in an appeal;
costs to the public for impaneling a jury, maintaining the court, etc.;
alleged impossibility of obtaining an unbiased jury; and
likelihood of sympathy for the owner.

After review of the available information and a final objections decision has been made, the ROW manager/supervisor (or ROW Program Office, when applicable) will notify OAG requesting appropriate action, and copy the decision to the appropriate staff. It should be noted that objections to the special commissioners’ award must be filed on or before the Monday following 20 days of the date the award is filed with the court, excluding the date of the filing. Therefore, a timely response to the OAG is imperative.

If the award is accepted and no objections are filed by any party, a Judgment of Court in Absence of Objection is filed with the presiding court. Step by step instructions for filing the judgment are in and in the Eminent Domain Guide.

If the decision is made for the State to object to the Award of Special Commissioners, the objections will be prepared and filed by the AAG handling the case. See and in the Eminent Domain Guide.

On or soon after the first working day after the first Monday following 20 days after the day the special commissioners file their findings with the court, the TxDOT representative assisting the AAG handling the case will check with the clerk of the court to determine whether objections have been filed by the landowner(s) or any other defendant in the lawsuit. If objections were filed, the TxDOT representative will order a certified copy of same and send copies to the AAG.