Objection to the Special Commissioners’ Report

Objection to the Special Commissioners Report

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 kind of start wrapping that up.

We’ve talked, we kind of started from the beginning, and then the partition proceedings varied slightly if it’s heirs property or non-heirs property. And then 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 23 A, then you kind of circle back to the, if it’s a partition in kind, you’ve got three special commissioners appointed.

The three special commissioners, as we’ve spoken in another video, will, you know, hopefully view the property, meet with the parties, review different appraisals, or from experts of the parties, and also take into consideration what the parties are saying, and then issue a report.

And, you know, the, it can be a formal report, it can be obviously in writing, but not very formal, I’ve seen it all kinds of different ways, but as long as it meets the requirements of a report, you know, it’s signed by all the commissioners, and filed with the court.

So then you’ve got your report and you take a good look at the report, and then the clients, the co-owners need to take a look at the report, and determine or decide is this something that they agree with or not.

And if they don’t agree with it, then, you know, they need to, you know, let you know that as the lawyer, and so you can proceed or get, you know, begin preparing the objection. You’ve got 30 days to object to the report. And so, you know, part of what you’re looking at in the objection is, you know, did the special commissioners, you know, is the report of the special commissioners a fair partition of the property for parties?

And also, does it follow the order of the court from that first trial or first hearing of the court? And if the, you know, and so that’s going to be your objection. Now, what happens after the objection, we can go on that to, you know, the next video. So stay tuned.