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Section 2: ED Submission Requirements

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Timing of Eminent Domain Proceedings

In timing requests for ED proceedings, allow enough time to avoid delay in the desired construction schedule by considering the time needed for providing the landowner the statutorily required review period of both the initial and final offer letters (a minimum of 44 days) and for processing the ED submission in the ROW program office in Austin, and time needed for required legal actions by the Office of the Attorney General (OAG).

The departments' requests for ED proceedings must be received by the ROW program office in Austin 30 calendar days before the date of the Texas Transportation Commission meeting at which minute action is desired. The ROW program office in Austin prepares a Minute Order Submission to present to the Texas Transportation Commission without (or concurrently with) a technical review by the ROW program office in Austin. The technical review includes a review of the map, parcel plat, property descriptions, any bisection clauses, any access clauses, and any easement preamble clauses. Requests for ED proceedings received after the submission cut-off date will be included on the following month's Minute Order Submission.

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Preparation of Property Descriptions and Parcel Plats

Submit two copies of the property descriptions for ED to the ROW program office in Austin in the form of Registered Professional Land Surveyor (RPLS)-sealed property descriptions and parcel plat (8 1/2" by 11").

If access, bisection, or special clauses are required, these must be attached as separate pages to the property descriptions and parcel plat. Additional information is available in the Eminent Domain Guide, Preparation of Access, Bisection and Special Clauses.

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Eminent Domain Submission Requirements

After the expiration date stated in the final offer letter, send the following documents to the ROW program office in Austin.

  • A copy of the documentation that the Landowner’s Bill of Rights statement was provided to the landowner (see Right of Way Manual Vol. 2 - R/W Acquisition, Chapter 5). This may consist of documentation establishing the mailing by first class certified mail. In the event the statement was hand delivered to the landowner, documentation may consist of certification, by the Right of Way Agent who made the direct delivery, of the date and fact of such delivery. Attach a copy of the Landowner’s Bill of Rights statement to the delivery documentation.
  • Two (2) copies of Form ROW-E-SubCheck, Eminent Domain Submission Checklist . Place these copies directly behind the transmittal memorandum to the ROW program office in Austin.
  • Two (2) copies of completed Form ROW-E-49, Request for ED Proceedings , together with all supporting documentation, including but not limited to the following:
    • Two (2) copies of the RPLS-sealed parcel plat and property descriptions, including attached pages for access provisions and with any required special clauses and/or sketches or photographs showing location of improvements attached.
    • One (1) print of the District-approved ROW map sheet(s) containing the parcel for use, as requested by OAG.
    • Two (2) copies of both the initial and final offer letter(s).
    • One (1) copy of all appraisal reports done for the subject property, (including those submitted by property owner due to a counteroffer, if applicable). If a copy of the appraisal was not sent to ROW program office in Austin at an earlier date, send two (2) copies with the ROW-E-49 submission.
    • Two (2) copies of the title commitment or Attorney's Certificate.
    • Two (2) copies of all documents affecting title (e.g., deeds, leases, liens, easements, corporate documents, restrictions, probate documents) only if the department has questions and desires review by the ROW program office in Austin, with the questions noted in the transmittal cover memo.
    • Two (2) copies of all correspondence regarding the property interest (e.g., relocation agent's, negotiator's, and review appraiser's reports or contact logs, or miscellaneous memorandums).
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ROW-E-49 Instructions

Detailed instructions for completion of the ROW-E-49, Request for ED Proceedings, are located in Chapter 3 of this volume.

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