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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 accounting for the landowner's statutorily required review period for both the initial and final offer letters (a minimum of 44 days total), the ROW attorney to review and process the ED submission, and the time need for the legal actions by the Office of the Attorney General (OAG).

Right of Way Division Project Delivery’s (ROW PD's) requests for ED minute order authority must be received by the Right of Way Division Program Office (ROW Program Office) by its submission deadline. The ROW Program Office prepares a minute order submission to present to the Texas Transportation Commission. The minute order submission must include the currently revised property descriptions, any bisection clauses, access clauses, and easement preamble clauses. No property interest or access right can be acquired by eminent domain that has not been specifically approved by the Texas Transportation Commission. 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

A legible copy of the operative property description with parcel plat is to be submitted with form ROW-E-49 Request for ED Proceedings. When the property description has been revised, take care to submit the latest revised version and verify that the initial offer letter, final offer letter, and the appraisal used as the basis of TxDOT's offer reference the most current property description.

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 Preparation of Access, Bisection, and Special Clauses for Easements of the Eminent Domain Guide.

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Eminent Domain Submission Requirements

After the final offer letter has been sent or delivered, include with submission to the ROW attorney of the form ROW-E-49 Request for ED Proceedings the following documents:

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  • A copy of the documentation that the Landowner’s Bill of Rights statement was provided to the landowner (see the ROW Acquisition Manual, Chapter 5). This may consist of documentation establishing the mailing by first class certified mail, usually with the initial offer and referenced as an enclosure. 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.
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  • Form ROW-E-SubCheck Eminent Domain Package Submission Checklist.
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  • Completed form ROW-E-49 Request for ED Proceedings, together with all supporting documentation, including but not limited to the following:
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    • Registered Professional Land Surveyor (RPLS)-sealed parcel plat and property descriptions, including any attached pages for access provisions and any required special clauses and/or sketches or photographs showing location of improvements attached;
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    • District-approved ROW map sheet(s) containing the parcel, if one has been prepared containing the parcel, for use by OAG;
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    • Both the initial and final offer letter(s) with documentation of mailing and delivery dates;
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    • All appraisal reports done for the subject property by or on TxDOT's behalf (including any that were not approved), and any submitted by the property owner with a counteroffer);
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    • Current title commitment;
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    • Documents affecting title (e.g., deeds, leases, liens, easements, corporate documents, restrictions, probate documents) to the extent that ROW PD has questions and desires review by the ROW attorney, with the questions noted in the transmittal cover memo; and
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    • 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, Instructions for Completing ROW-E-49.

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