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Section 8: Title Insurance Policy Commitments

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After receipt of preliminary data from ROW PD, the title insurance company should issue a current standard industry title insurance commitment, as found in the Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas. The commitment should be in the amount of the approved value; show “the State of Texas” as the proposed insured; and contain a complete property description of the property to be acquired, as furnished to the title insurance company by ROW PD. ROWPD must accomplish any change in the property description required by the title insurance company in accordance with current surveying rules and procedures.

A title insurance commitment is valid for only 90 days. Ensure that all commitments are kept current. Request an updated commitment from the title insurance company with an effective date prior to the expiration of 90 days from the effective date of the current commitment.

For special cases involving multiple ownership and multiple commitments on the same parcel, see Title Insurance Requirements (for State).

Notify the title insurance company when a parcel must be acquired through ED proceedings. Request that the title insurance company furnish an updated commitment to be submitted with the ED package required by ED Submission Requirements in TxDOT's ROW Eminent Domain Manual.

Obtain an updated title insurance commitment prior to filing the condemnation petition with the proper court, to ensure that all necessary parties will be joined in the condemnation action. Prior to filing the condemnation petition, OAG should mail a copy of the petition directly to ROW PD for transmittal to the title insurance company. If any change in the petition is necessary, prompt notice will be given directly to ROW PD, which will then notify OAG.

Submission of the title insurance commitment with the parcel payment or award payment assembly is no longer required. ROW PD shall review the most recent commitment to ensure the correct property owner is being compensated.

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