In this video, Landowner Lawyer Philip Hundl describes what happens at the second trial in a Texas land partition case. Our practice is Land Rights Law, PLLC, and our offices are in Wharton County. However we help landowners all over Texas in cases involving partition of undivided interests and eminent domain. Call us at 800-266-4870 or text us at 979-320-9320.
Summary of the Land Partition Second Trial Video
Hi, I’m Philip Hundl. I’m an attorney in Texas, and my practice area focuses on representing landowners involved with land partition matters and facing condemnation proceedings. We’re near the end of our series on land partitions.
It’s been enjoyable to go through this series, bringing back memories of various cases and scenarios I’ve encountered. We are currently at the point where special commissioners have issued an award, a report, and one or both parties have objected to the report. So, the question is: what happens next?
Filing Objections to the Report of the Special Commissioners
Objections to the report must be filed within 30 days of the report’s filing. Earlier, I mentioned the requirements of the report: it needs to be signed by the commissioners under oath and then filed with the clerk. Parties need to be notified, typically by the clerk. However, attorneys should stay on top of this process. Ideally, your special commissioners will inform you that they have issued and filed the report, and you will receive a copy.
When an objection to the report is filed, a second trial takes place. Many people are unaware of this second trial. At this trial, the court is asked to determine whether the report is erroneous in some material respect or unequal or unjust. The party objecting to the report is asking the court to reject it on these grounds.
The Purpose of the Second Trial in a Texas Land Partition Case
To put it simply, a party who objects to the report is requesting the court to find that the report did not follow the instructions from the first trial or order and that it results in an unjust or unfair division of the property. If the court finds a material error in the report or deems it unjust or unequal, it will not send the special commissioners back for a redo. Instead, the court will dismiss the current slate of three special commissioners and appoint a new group of three special commissioners to start the process over.
This means that partition proceedings can potentially go on for a long time if errors are found. Even if the court approves the report and finds it fair and just, the dissatisfied party can always appeal the outcome of the second trial to a higher court, such as the Court of Appeals in Texas.
I hope this series of real estate partition videos for Texas has been helpful. Partition proceedings are quite unique, and not many attorneys handle them routinely. Therefore, these rules may be unfamiliar. Good luck if you’re facing a partition case, and I hope these videos have provided valuable insights.
Get the Help You Need to Protect Your Rights
Call us at 800-266-4870 or text our office at 979-320-9320 to set up a meeting with Philip. Meetings can be in person, online or by phone. Philip helps landowners all over the State of Texas.
