Court of Appeals of Texas, Second District, Fort Worth
OAK LAWN APARTMENTS, LTD. APPELLANT
THE STATE OF TEXAS APPELLEE
COUNTY COURT AT LAW NO. 3 OF TARRANT COUNTY TRIAL COURT NO.
WALKER and PITTMAN, JJ., and CHARLES BLEIL (Senior Justice,
Retired, Sitting by Assignment).
an appeal from a condemnation proceeding. See Tex.
Prop. Code Ann. § 21.063 (West 2014). In a single issue,
Appellant Oak Lawn Apartments, Ltd. argues that the trial
court erred by entering a final judgment on the special
commissioners' award over Oak Lawn's objection.
Because we hold that the statements in Oak Lawn's
"Motion To Withdraw Award Of Special Commissioners"
do not constitute a statement of objections to the special
commissioners' award, and that, thus, the underlying
administrative proceeding was never converted into a judicial
proceeding over which we have jurisdiction, we will dismiss
this appeal for want of jurisdiction.
The State of Texas filed a petition for condemnation seeking
to acquire fee simple title to the land and improvements
owned by Oak Lawn and others so that the State, acting by and
through the Texas Transportation Commission, could widen,
straighten, or extend State Highway 360. The trial court
appointed three disinterested real property owners residing
in Tarrant County to serve as special commissioners. The
special commissioners held a hearing to assess the damages
for the acquisition of the property through eminent domain
and issued an award for $2, 034, 432.00. The State thereafter
deposited the amount of the award into the county court at
days after the special commissioners filed their findings and
issued the award, Oak Lawn filed a "Motion To Withdraw
Award Of Special Commissioners." The body of the motion,
in its entirety, is set forth as follows:
HONORABLE JUDGE OF SAID COURT:
NOW COMES Defendant, OAK LAWN APARTMENTS LTD, in the
above-styled and numbered condemnation proceeding and files
this Motion to Withdraw the Award of Special
Commissioners deposited in the registry of the
Court, as follows:
Upon proper notice to all parties, the Special Commissioners
Hearing was held on April 21, 2016. The Special Commissioners
awarded $2, 034, 432.00 as adequate compensation for the
condemnation of this property, which was filed with the court
on May 11, 2016. Objections were filed by Defendant to the
Award of the Special Commissioners.
On May 11, 2016, Plaintiff, the State of Texas, deposited the
Award of the Special Commissioners into the Registry of this
Court in the amount of TWO MILLION THIRTY[-]FOUR
THOUSAND FOUR HUNDRED THIRTY[-]TWO DOLLARS and NO/100 DOLLARS
($2, 034, 432.00). Although the parties have not yet
agreed to a final compensable amount, ...