Section 3: Billings for Fee Appraisers, Technical Experts, and Expert WitnessesAnchor: #i1002383
Payment for Appraisals for Negotiation Purposes (for State)
After preparing and submitting appraisal reports to TxDOT, the state's fee appraiser must submit an invoice to TxDOT,. The appraiser's fee on the invoice must match the predetermined fee established by the previously executed form ROW-A-3, Fee Appraiser Work Order. Review the payment request to see that charges are in exact accordance with the appraiser's work order, the right of way map, the assignments made, and the appraisal reports submitted. If a PIN is not already established, the appraiser must provide information to set up a PIN for payment of service. Review appraisal reports to determine acceptability for payment before (1) authorizing payment of fees and (2) entering necessary data in ROWIS.
Prepare and process payment requests for a revised or second appraisal the same as for an original appraisal; however, indicate the reason for the reappraisal on form ROW-A-3.Anchor: #i1002402
Payment for Appraisers' Eminent Domain Services (for State)
An appraiser's invoice for services in preparing an updated report for ED proceedings should be submitted separately from the appraiser's other work in preparing for testimony, providing services in pre-trial conferences, and providing testimony in ED proceedings. The hourly rate established in the appraiser's contract is the only payment basis for these services. The following are instructions for General Payment Policy and Procedures.
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- Enter "Appraisal Services" and either "Commissioners' Hearing" or "Jury Trial," as applicable, in the Description blank (11). Anchor: #FFMHBJTE
- Enter the hourly rate in the Unit Price blank (13), the number of hours worked in the Quantity blank (12), and the extended amount due in the Amount blank (14).
Payment for Appraisers' Eminent Domain Services (for LPA)
When a LPA is the acquiring agency, the state does not participate in ED proceedings except as specified by law and agreed to in the right of way acquisition contractual agreement. Use of state-approved fee appraisers in ED proceedings is provided for in this contractual agreement. In executing the agreement, the LPA pays the appraiser under the terms of his appraisal contract with the state. State participation in this cost is limited as described below.
Before the Commissioners’ Hearing The LPA normally pays for appraisal services performed at the request of the LPA in anticipation of ED proceedings. However, the state pays for these services when:
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- a new parcel value is established based upon the appraiser's report, or; Anchor: #ABCBNNTH
- the state determines that the report should not be used in the ED proceedings.
If the appraiser's report does not result in a new parcel value and the report is approved for testimony, release it to the LPA for payment of the appraiser's fee. This payment is eligible for state reimbursement as agreed upon in the right of way acquisition contractual agreement.
After the Commissioners’ Hearing. The state does not make payments directly to appraisers for services rendered after the Commissioners’ Hearing. The LPA makes these payments with prorated state reimbursement, when eligible.Anchor: #i1002465
Payment for Appraisals for Design Purposes
Payment for appraisals performed only for design purposes must be according to the appraiser's contract, as authorized by the Design Division and approved by the ROW Program Office. Charge these appraisals to the appropriate construction CSJ account. Enter the lump sum fee agreed to by the appraiser in the Description blank (11) and the Amount blank (14) of ROW-A-15 Payment Request.Anchor: #i1002475
Payment of Expert Witness
When employing an expert witness under contract form ROW-A-46 Contract for Services of Expert Witness or ROW-A-87 Contract for Services of Expert Witness, use a ROW-A-15 Payment Request for payment of witness services in an amount not to exceed that provided for by the contract.Anchor: #i1002485
Payment of Technical Expert
Payment requests for technical experts must be in the contract through form ROW-A-47 Contract for Services of Technical Expert, according to the per hour rate shown, and in an amount not to exceed that provided for in the executed contract.
The following are specific instructions for General Payment Policy and Procedures.
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- Enter the name, address, and PIN of the technical expert (payee) in ROW-A-15 Payment Request. Anchor: #LTGQCYSG
- Enter “Technical Expert” in the Description blank (11). Anchor: #FPEXQOAH
- Enter the per hour rate in the Unit Price blank (13). Anchor: #BUNXHSAX
- Forward ROW-A-15 Payment Request for technical expert fees to the ROW Program Office only after receiving and reviewing the technical expert's reports.