In City of Houston v. Bankers Mortgage Co., 514 S.W.2d 326, 327 (Tex. Civ. App.--Houston 1st Dist. 1974, writ ref'd n.r.e.), the only "evidence" the City offered before the special commissioners was the City's letter to the property owner containing its offer for the property.
In responding to the property owner/appellee's argument that the lack of evidence was jurisdictional, the court of appeals concluded the burden to produce evidence was on the landowner, and also stated:
"The failure of the Commissioners to hear evidence is not a jurisdictional defect." Id. at 328.