In this video, Landowner Rights Lawyer Philip Hundl describes what happens when a party files an objection to the special commissioners report. Call 800-266-4870 or text 979-320-9320 to meet with Philip. You can arrange a meeting in person, over the phone or online.
Summary of the Objection to the Special Commissioners’ Report Video
Hi, I’m Philip Hundl. My practice area focuses on land partitions in Texas for landowners and landowners facing condemnation proceedings. We’ve been talking quite a bit about land partitions, so let’s start wrapping that up.
When Are Special Commissioners Appointed
We began our discussion from the start, and the partition proceedings vary slightly depending on whether it’s heirs’ property or non-heirs’ property. Once you get past the co-tenant buyout and the reallocation of shares, if different co-tenants were bought out under the Heirs Partition Statutes 23A, you then circle back to the partition in kind, where three special commissioners are appointed.
What Should the Special Commissioners Do?
The three special commissioners, as we’ve discussed in another video, will ideally view the property, meet with the parties, review different appraisals from the parties’ experts, consider what the parties are saying, and then issue a report.
The report can be formal or informal but must meet the requirements of a report. It needs to be signed by all the commissioners and filed with the court.
Once you have the report, you’ll need to review it carefully. The clients, or co-owners, also need to review it to decide if they agree with it or not.
Preparation of the Objection
If they don’t agree with it, they need to inform you as their lawyer so you can prepare an objection. You have 30 days to object to the report. Part of what you’re looking at in the objection is whether the special commissioners’ report is a fair partition of the property for all parties and whether it follows the court’s order from the initial trial or hearing.
What happens after the objection will be covered in our next video. Stay tuned.
