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Section 6: Title Policy Commitments

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After receipt of preliminary data from TxDOT, the title company should issue a current standard industry title commitment, as found in the Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas. The examiner's report is received prior to title commitment. 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 company by TxDOT. TxDOT must accomplish any change in the property description required by the title company in accordance with current surveying rules and procedures.

A title commitment is valid for only 90 days. Ensure that all commitments are kept current. Request an updated commitment from the title 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).

The transmittal of the parcel payment assembly to the ROW Program Office in Austin must include a current copy of the title commitment.

Notify the title company when a parcel must be acquired through ED proceedings. Request that the title company furnish an updated title commitment to be submitted with the ED package required by ED Submission Requirements in TxDOT’s Right of Way Manual Vol. 4 - Eminent Domain.

Obtain an updated title 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 the Department for transmittal to the title company. If any change in the petition is necessary, prompt notice will be given directly to the Department, which will then notify OAG through the ROW Program Office in Austin.

A copy of a current title commitment must accompany any request for payment on the award.

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