in Re State of Texas, 629 S.W.3d 462

State (TxDOT) filed condemnation to acquire Parcel 38, a 0.3365-acre portion of the Taylors’ 7.96-acre fee tract for Highway 71 improvements.
Bob Patterson holds an ingress-egress easement across the Taylors’ land that provides access to his 19.843-acre parcel; taking Parcel 38 would render Patterson landlocked.
The State made written offers and appraisals to the Taylors and then filed suit after failing to agree on price; special commissioners were appointed but had not yet held a hearing.
Patterson filed a plea in abatement arguing the State failed to comply with Tex. Prop. Code § 21.0113 by not making him a statutory “bona fide offer”; the trial court sustained the plea, abated the case, and delayed the commissioners’ hearing.
The State sought mandamus relief to vacate the abatement; the Court of Appeals conditionally granted mandamus, holding the State only had to make the statutory offer to the fee owners (the Taylors), not to the easement holder (Patterson), and ordered the administrative proceedings to resume.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court had jurisdiction at the administrative phase to entertain a plea in abatement under Tex. Prop. Code § 21.047(d)	Patterson: Trial court may abate because State failed to comply with statutory bona fide-offer requirement	State: At administrative stage court has limited jurisdiction; §21.0113 is not jurisdictional and §21.047(d) remedy is not available to halt commissioners' process	Court assumed without deciding jurisdiction but proceeded to resolve merits; granted mandamus because abatement improperly delayed administrative process
Whether the condemnor must make the §21.0113 “bona fide offer” to an easement holder (Patterson) rather than only to the fee owner	Patterson: He is most adversely affected and the taking will landlock his property, so he qualifies as a “property owner” entitled to a bona fide offer	State: Statute’s references to "real property" and tax-roll owner show the duty runs to the fee owner; condemnor is not required to negotiate with every interest holder	Held: "Property owner" in these provisions means the fee owner of the real property sought; the State satisfied §21.0113 by offering the Taylors; it was not required to make a separate bona fide offer to Patterson (easement holder)

Gulf Energy Pipeline Co. v. Garcia, 884 S.W.2d 821 (Tex. App.—San Antonio 1994) (eminent-domain statute promotes speedy damage assessment; mandamus appropriate when trial court issues void orders delaying proceedings)
Amason v. Natural Gas Pipeline Co., 682 S.W.2d 240 (Tex. 1984) (describes two-phase condemnation procedure and role of special commissioners)
In re Lazy W Dist. No. 1, 493 S.W.3d 538 (Tex. 2016) (trial court’s limited jurisdiction in administrative phase; appointing commissioners)
State v. Central Expressway Sign Assocs., 302 S.W.3d 866 (Tex. 2009) (undivided-fee rule: property valued as if owned by a single party for condemnation)
Marcus Cable Assocs., L.P. v. Krohn, 90 S.W.3d 697 (Tex. 2002) (easement is a nonpossessory interest that does not divest title)
Aronoff v. City of Dallas, 316 S.W.2d 302 (Tex. App.—Texarkana 1958) (condemnor not required to negotiate with every interest holder after good-faith effort with fee owner)
In re State, 85 S.W.3d 871 (Tex. App.—Tyler 2002) (discusses administrative phase purpose and mandamus availability in condemnation matters)
In re John G. & Marie Stella Kenedy Mem’l Found., 315 S.W.3d 519 (Tex. 2010) (mandamus proper when trial court acts without jurisdiction)