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Section 4: Form ROW-E-49 Checklist

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In Advance of Completing a Form ROW-E-49:

Read pre-appraisal reports.

Read Negotiator's reports.

Read and verify information in the Title Commitment.

Complete Eminent Domain Eminent Domain Submission Checklist.

For detailed Instructions for Completing ROW-E-49, refer to Instructions for completing Request for ED.

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In Submitting Form ROW-E-49

Verify and Include the Information Required On A Form ROW-E-49.

Section I. Nature of Taking

  1. ITEM I-A. Specify interest to be acquired (e.g., "Fee Title," "Drainage Easement"). Include a copy of the last deed or conveyance into the property owners.
  2. ITEM I-B. Check the box, partial or whole taking.
  3. ITEM I-C-1. Check the box, existing or new location. If not a controlled access highway, type in "NA, not a controlled access highway."
  4. ITEM 1-C-2. Check appropriate box. A department prepared attachment to the property description must have clause that reflects situation (e.g., access permitted, denied, partially permitted).

Section II. Holders of Property Interests (Refer to Instructions for Completing ROW-E-49.)

  1. ITEM II-A. Show name and address of owner and aliases. (Spelling of names in title commitment must be used in Form ROW-E-49.) Address cannot be a P.O. Box. If there is no address other than a P.O. Box, a description of how to get to the location where the service will be made must be included.
  2. ITEM II-A. Show marital status of owner. Include spouse’s name if applicable.
  3. ITEM II-A. Parties other than owner of record that may have an unrecorded legitimate ownership interest in the parcel, show how the property interest was obtained (e.g., "probate of will") under the remarks section (Item X).
  4. ITEM II-A. If owner is a minor or has been legally declared mentally incompetent, show name and address of guardian. Clearly state if no guardian has been appointed under the remarks section (Item X).
  5. ITEM II-A. If ownership is other than a person, show exact name of entity as well as Agent for Service and agent's address. (Address cannot be a P.O. Box.) See Form ROW-E-49 Preparation Suggestions for agent and citation information. The nature of the owning entity is to be shown (e.g., Partnership, Board of Trustees). It is necessary to give the name, title, or position and address of the person(s) authorized to accept service of citation for the organization. (Address cannot be a P.O. Box.)
  6. ITEM II-A. If ownership is a partnership, the department should try to obtain a partnership agreement to determine if a specific partner can receive service. Name and addresses, if known or can be determined, should be listed. If the partnership agreement cannot be obtained, or is silent whether a specific partner can receive service, the names and addresses should be listed for all general partners (if a limited partnership, for registered agent for service or general partners), if known or can be determined.
  7. ITEM II-B. Adverse Claimant (Refer to Instructions for Completing ROW-E-49.)
    • Include full name and address whether the claim appears valid or not. (Address cannot be a P.O. Box.) If a claim is made, then the individual/entity must be joined.
  8. ITEM II-C. Lienholder (Refer to Instructions for Completing ROW-E-49.)
    • The name and address of each easement holder are to be stated. (Address cannot be a P.O. Box.) If the easement is for a public utility or common carrier and will be handled through a utility adjustment, the easement holder will normally not be joined, but will be noted in Section III of the Form ROW-E-49.
  9. ITEM II-D. Easement Holder (Refer to Instructions for Completing Form ROW-E-49.)
    • Include name and address. (Address cannot be a P.O. Box.)
  10. ITEM II-E. Lessees and tenants (Refer to Instructions for Completing Form ROW-E-49�
    • List owner's names and address separately. (Address cannot be a P.O. Box.) Advise ROW program office in Austin if there is or is not production in the area or if any improvements were placed on the property.
  11. ITEM II-F. Minerals, mineral leases, etc. (Refer to Instructions for Completing Form ROW-E-49.)
    • List owner's names and address separately. (Address cannot be a P.O. Box.) Advise ROW program office in Austin if there is or is not production in the area or if any improvements were placed on the property.

Section III. Holders of property interests NOT to be joined

(Refer to Instructions for Completing ROW-E-49)

  • Specify the interest not to be joined and the reason why.
  • Cite recording information, if known.

Examples of Property Interests not to be Joined:

  • Month to month tenants
  • For tenants at will - note this is the case.
  • For mineral leases - note no production, no surface rights, etc.
  • For sign leases - note acquired by negotiations, not affected by take, etc.
  • For liens - partial or whole release acquired.

Section IV. Taxing Agencies (Whole taking only) (Refer to Instructions for Completing Form ROW-E-49.)

  • Include name, title or position and address.
  • On partial take, if remainder is insufficient to cover the taxing agency fully for liens, they should be notified of ED proceedings.

Section V. Special Clauses necessary for attachment to property description. (Refer to Instructions for Completing ROW-E-49.

  • ITEM V-A. Bisected improvements (Refer to Bisected Improvement(s)).
  • ITEM V-B. Property rights to be retained by owner (Refer to Property Rights To Be Retained by Owner)

    NOTE: Clauses should be in a department prepared attachment to the property description in the following order:

    • Access
    • Bisection
    • Retention of Property Rights
    • ITEM V-C. Note: If not checked, the ROW program office in Austin will conduct an Engineering review.
  • ITEM VI. Timing of Proceedings
    • ITEM VI-A. Date is the proposed letting of a construction contract, which will affect this parcel. (Refer to Instructions for Completing Form ROW-E-49.)
    • ITEM VI-B. Date requested reflects earlier possession requirement because of relocation, property management, etc. (Refer to Instructions for Completing Form ROW-E-49.)

Section VII. Appraisals

  • A copy of all appraisals conducted on the parcel is/are to be submitted. (Refer to Instructions for Completing Form ROW-E-49.)
  • Dollar figure must agree with appraisal and Final Offer Letter.

Section VIII. Environmental Concerns�

Fill in the appropriate blank. If yes, situations which potentially affect the value of the parcel must be fully explained.

Section IX. Attached Documents (2 copies of each document, except appraisal) (Refer to Instructions for Completing ROW-E-49).

  • Include leases, partnerships, agreements or any documents filed of record relative to the property showing why or why not a party should be joined.

Section X. Remarks

(Refer to Instructions for Completing ROW-E-49).

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