Section 3: Eminent Domain Forms for CountyAnchor: #i1000315
The following sample forms are for fee title (less oil, gas and sulfur) and easements as indicated. These forms are suggested as guidelines for use by counties in ED proceedings for on-system projects only. Eminent domain counsel should consult the Texas Property Code, Chapter 21 (Eminent Domain) and modify these sample forms accordingly.
The fee title and easement forms for Judgment of Court in Absence of Objection are the only prepared sample forms of judgment since it is the only situation in which standardization is practical.
The sample Plaintiff's Statement for an easement taking may require alterations, similar to those set out in Eminent Domain Forms for City, to fit varying circumstances. Therefore, the following clauses are suggested as substitutions:Anchor: #i1000426
For Taking Drainage Easement Only:
- Anchor: #FYIKDSCS
- Substitute for
Clause I in the sample Plaintiff's Statement:
“That the State of Texas is now constructing, laying out, and reconstructing a highway, designated as a part of the State Highway System by the Texas Transportation Commission of the State of Texas, in XXXXX County, Texas, and that such construction, reconstruction, and maintenance upon said highway will run adjacent to the following described real property situated in XXXXX County, Texas:”
- Anchor: #WGEMAHOU
- Substitute for
Clause II in the sample Plaintiff's Statement:
“The Texas Transportation Commission of the State of Texas has found and determined that it is necessary and convenient to run said highway adjacent to the said hereinabove described tract of land, and that it is necessary to the design of said highway facility to acquire an easement for the purpose of opening, constructing, and maintaining a permanent drainage channel in, along, upon and across said hereinabove described tract of land and the Commissioners' Court of XXXXX County, Texas, has found and determined that it is necessary to acquire said drainage channel easement through these proceedings in eminent domain, pursuant to existing law, same to be paid for by said County, with title thereto vesting in the State of Texas, for the purpose of opening, constructing, and maintaining a permanent drainage channel in, along, upon and across said tract of land with the right and privilege at all times of having ingress, egress, and regress in, along, upon and across such property for the purpose of making additions to, improvements on, and repairs to the said drainage channel or any part thereof, and the right to remove from said premises and use, for highway purposes, any stone, earth, gravel, caliche or other road building material which may be excavated in the opening, construction or maintenance of said channel or drainage easement.”
The metes and bounds description used when a drainage easement is acquired should be a description of only the easement area acquired. When the substitute clauses above are used to acquire only a drainage easement, it will be necessary to make appropriate changes in some of the other forms to show that the purpose of the taking is for a drainage channel rather than for highway ROW.