Stage 2
Stage 2 starts when the company petitions the court after the final offer is rejected. A copy of the petition must be sent by the landowner by certified mail, with a return receipt requested, it must contain six essential elements: (1) a description of the land, (2) a statement of the public use for which the land is being acquired, (3) the name(s) of the owner(s) if known, (4) a statement that the parties have been unable to agree on damages, (5) a statement that the company provided the landowner with a copy of the Landowner’s Bill of Rights Statement and (6) that the company made an offer to purchase the property as outlined in Section 21.0113 of the TPC. All of these elements must be present of the proceedings can be dismissed. After the letter has been sent a special commission is appointed by a judge. During stage 2 the only issues the special commissioners can legally determine, are market value, special damages and special benefits. John T Montgomery Attorney At Law represents clients during this hearing in order to protect their rights against the pipeline companies pursuing condemnation against them.