In Re Bay Runner Pipeline, LLC v. the State of Texas, 13-25-00383-CV

Bay Runner Pipeline, LLC filed a petition for condemnation to acquire easements across Martha McGee’s property in Willacy County, Texas, as part of a major pipeline project.
Bay Runner alleged it had been unable to amicably acquire the property, necessitating eminent domain proceedings.
Under Texas Property Code § 21.014(a), the trial court was required to appoint special commissioners within 30 days of the condemnation petition.
The trial court did not appoint the commissioners within the required timeframe and indicated it would hold a hearing before making any appointments, setting the hearing for after the statutory deadline.
Bay Runner filed an emergency motion and then a petition for writ of mandamus, seeking expedited appointment and arguing the delay threatened project timelines.
Martha McGee, the real party in interest, did not oppose or take a position in response to the petition for writ of mandamus.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Failure to timely appoint special commissioners	Court was required to appoint within 30 days by statute	No argument (McGee took no position)	Trial court abused discretion by not appointing within 30 days
Requirement of a hearing before appointments	Statute mandates appointment without precondition of a hearing	No argument (McGee took no position)	Trial court had no authority to require a hearing before appointment

In re Allstate Indem. Co., 622 S.W.3d 870 (Tex. 2021) (mandamus standard: relator must show abuse of discretion and inadequate appellate remedy)
In re Garza, 544 S.W.3d 836 (Tex. 2018) (per curiam) (mandamus as extraordinary remedy)
In re Prudential Ins. Co. of Am., 148 S.W.3d 124 (Tex. 2004) (describing mandamus requirements and trial court authority)
Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (mandamus elements)
Hubenak v. San Jacinto Gas Transmission Co., 141 S.W.3d 172 (Tex. 2004) (describing condemnation process)