Texas Supreme Court holds condemnation objections at trial court must include the date filed with trial court clerk

REME, L.L.C., A TEXAS LIMITED LIABILITY COMPANY v. THE STATE OF TEXAS, 23-0707 (Tex. February 21, 2025)

This is a condemnation case where the Texas Supreme Court held that in such proceedings, an appeal from the commissioner’s court to district court includes filing with the trial court.

In this case, the State started condemnation proceedings to acquire property from REME, LLC.  After the commissioner’s issued a damage award, the State electronically filed the commissioners’ award with the court clerk, and the judge acknowledged receipt of it three days later.  After the judge filling in the award amounts the State objected. REME asserted the State’s objection was untimely.  The trial court disallowed the state’s objection but the court of appeals reversed, noting the deadline runs only upon the judge’s receipt of the award.

A party may object to the commissioners’ award “by filing a written statement . . . on or before the first Monday following the 20th day after the day the commissioners file their findings with the court.” Id. § 21.018(a).  A timely filed objection converts the administrative proceeding into a judicial one, which proceeds thereafter “in the same manner as other civil causes.”  Id. § 21.018(b).  Chapter 21 provides no specific filing mechanism.  Texas Supreme Court precedent interpreting the rules of civil procedure holds that a document is “filed” when put in the custody or control of the clerk.  The term “court” has a different meaning than “county judge.”  By choosing to use “court” instead of “county judge,” the Legislature enacted a direct choice. The Court held  “the day the commissioners file their findings with the court” in Section 21.018(a) includes filing with the trial court clerk. Assuming proper notice, the deadline to object to the award amount is calculated from that day.

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