This section requires written notice of a condemnation hearing to be given to affected property owners and lienholders, and it sets how publication, delivery, filing, and returns must be handled.
Sec. 314.022. NOTICE OF CONDEMNATION. (a) The commission or the clerk, secretary, or recording officer of a municipality shall give written notice of a hearing before the commission to: (1) each owner of property proposed to be condemned or damaged; and (2) each person with an interest in or lien on the property. (b) In addition to the requirements of Section 21.016(a), Property Code, the notice may contain: (1) a brief statement of the nature and extent of the proposed improvement; and (2) a description of the property proposed to be condemned. (c) The description provided by Subsection (b)(2) may be by: (1) lot and block number; (2) front feet; (3) the name of each owner; or (4) any other description that substantially identifies the property. (d) Notice of the hearing shall be given by publication for not less than three days in a newspaper of general circulation in the county in which the property is located beginning not later than the 10th day before the date of the hearing. (e) Notice by publication is valid and binding on each owner or other person with an interest in or lien on the property if it generally notifies the person to appear and be heard without specifically designating the person by name. An error in the name of a person to whom the notice is directed does not invalidate the notice. (f) A copy of the notice shall be delivered to: (1) each owner, lienholder, or interested party who is a resident of the county where the property is located; (2) the agent or attorney of a person described by Paragraph (1); or (3) the guardian of the owner if the owner is a minor. (g) The person serving the notice shall make a written return on the notice stating when and how the person served the notice. (h) The governing body may provide for additional notice, but notice by publication is valid and binding regardless of whether any other notice is given. (i) The governing body may provide for as many hearings in the course of condemnation proceedings as it determines necessary for whatever purposes it determines necessary. (j) A notice and a return of a notice shall be filed with the municipality. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.