The next two steps entail judicial involvement with the hearing before the special commissioners, then the appeal. The location of an easement is left to the discretion of the condemnor. The location chosen by the condemnor is final without proving bad faith, fraud or an arbitrary or capricious decision. When a part of a person's land is condemned, the amount due the and owner is the fair market value of the land taken plus special damages less special benefits. This was the recent holding when Hurst, Texas, condemned land to expanded the North East Shopping Mall.
Landowners can represent themselves at the special commissioners' hearing.
They need not hire an attorney. The Texas Rules of Civil Procedure do not apply. The condemnor may take possession by posted the required surety with the courts after the special commissioner's post the award. The condemnor can enter to survey when it first proposes to take the land. It need not wait until the special commissioners post the award.