Search for the word or phrase:
Help
Advanced
Search in:
this manual only.
all manuals.
Manual Notice
| ROW Vol. 4 - Eminent Domain |
TxDOT Manual System
♦
Manual Notice 2005-1
►
1.
Legal Aspects of Eminent Domain
►
1.
Provisions of Texas Constitution
♦
Overview
♦
State Statutory Provisions
►
2.
State Acquisition by Eminent Domain
►
1.
Letter of Final Offer
♦
Procedure
♦
Instructions and Examples for Special Circumstances:
♦
Final Offers to Unknown or Unlocated Owners
♦
Persons/Entities in Bankruptcy
♦
Title Update for Eminent Domain
►
2.
ED Submission Requirements
♦
Timing of Eminent Domain Proceedings
♦
Preparation of Property Descriptions and Parcel Plats
♦
Eminent Domain Submission Requirements
♦
ROW-E-49 Instructions
►
3.
Procedure Before Special Commissioners’ Hearing
♦
Witnesses and Appraisal Reports for Eminent Domain
♦
Preparation and Use of Court Exhibits
♦
Communications with the Office of the Attorney General
♦
Assisting the Office of the Attorney General
♦
Checking Title for Correctness
♦
Filing of Plaintiff's Statement and Lis Pendens Notice
♦
Use of Court Reporters
►
4.
Special Commissioners' Hearing and Award
♦
Procedure
►
5.
Procedures After Special Commissioners’ Award
♦
Establishment of Right of Possession by State
♦
Commissioners' Award and Filing of Objections
♦
Settlements of Eminent Domain Lawsuits (for State)
♦
Notice of Date Set for Jury Trial
♦
Actions to be Taken When Judgment is Rendered and Appeals from Judgments
♦
Title Policy Issuance after Judgment is Final
♦
Collection of Refunds Due State
►
3.
Instructions for Completing ROW-E-49
►
1.
Overview
♦
General
►
2.
Section I of Form ROW-E-49
♦
Nature of Taking:
►
3.
Section II of Form ROW-E-49
♦
Holders of Property Interests to be Joined as Parties
♦
Fee Owners to be Joined
♦
Adverse Claimants to be Joined
♦
Lienholders to be Joined
♦
Easement Holders to be Joined
♦
Lessees and Tenants to be joined
♦
Owners of Minerals, Mineral Leases to be Joined
►
4.
Section III of Form ROW-E-49
♦
Holders of Property Interests Not To Be Joined as Parties:
►
5.
Section IV of Form ROW-E-49
♦
Taxing Agencies (Whole Taking Only)
►
6.
Section V of Form ROW-E-49
♦
Overview
♦
Bisected Improvement(s)
♦
Property Rights To Be Retained by Owner
♦
ROW Division Technical Review Requested:
►
7.
Section VI of Form ROW-E-49
♦
Timing of Proceedings (Month and Year):
►
8.
Section VII of Form ROW-E-49
♦
Appraisals
►
9.
Section VIII of Form ROW-E-49
♦
Environmental
►
10.
Section IX of Form ROW-E-49
♦
Attached Documents
►
11.
Section X of Form ROW-E-49
♦
Procedure
►
4.
LPA Acquisition by Eminent Domain
►
1.
Overview
♦
LPA Responsible for Condemnation
♦
Filing of Notice of Lis Pendens
►
2.
Eminent Domain Forms for City
♦
Forms
♦
For Taking Drainage Easement Only
►
3.
Eminent Domain Forms for County
♦
Forms
♦
For Taking Drainage Easement Only:
►
4.
Miscellaneous Procedures for LPA Acquisition in ED
♦
Commission Authorization of County Eminent Domain
♦
Condemnation in City's Name
♦
Procedure for Notification to TxDOT
♦
LPA Appeal of Unfavorable Awards
♦
State Intervention in Eminent Domain
♦
Use of State Approved Appraisers and Expert Witnesses in Condemnation
♦
Exhibits for Eminent Domain Purposes
♦
Improvements Acquired in Eminent Domain
♦
Settlements of Eminent Domain Lawsuits (for LPA)
►
5.
Payment Procedure for Condemned Parcels
►
1.
Payment for Condemned Parcels
♦
Procedure
►
2.
Payment of Commissioners' Awards
♦
Procedure�
►
3.
Payment of Final Judgment
♦
Procedure
►
4.
Payment of Special Commissioners' Fees and Eminent Costs
♦
Special Commissioners' Fees
♦
Situations and Required Information for Form 132
►
5.
Payment of Owner's Litigation Expenses
♦
Procedure
♦
Payment of Litigation Expenses (for LPA)
►
6.
Eligible Condemnation Costs and Methods of Reimbursement (for LPA)
♦
Overview
►
7.
Submission for Single Reimbursement Based on Final Judgment (for LPA)
♦
Procedure
►
8.
Submissions for Partial Reimbursement Based on 80% of the State's Participation Amount of the Commissioners' Award (for LPA)
♦
Procedure
►
9.
Submission for Reimbursement Following Partial Reimbursement on the Commissioners' Award (for LPA)
♦
Procedure
►
6.
LPA Reimbursement for Condemned Parcels
►
1.
Eligible Condemnation Costs and Methods of Reimbursement
♦
Overview
►
2.
Submission for Single Reimbursement Based on Final Judgment
♦
Procedure
►
3.
Submissions for Partial Reimbursement Based on 80% of the State's Participation Amount of the Commissioners' Award
♦
Procedure
►
4.
Submission for Reimbursement Following Partial Reimbursement on the Commissioners' Award
♦
Procedure
►
A.
Eminent Domain Guide
►
1.
Preface
♦
Overview
►
2.
Eminent Domain Submission Checklist
♦
Reference
♦
Prior to Submitting Eminent Domain Request
♦
Filing of ED Petition & Related Court Papers
♦
Attend Special Commissioners' Hearing
♦
If No Objections
♦
If Objections Filed
♦
Mediation
♦
Settlements
♦
Jury Trial
►
3.
Special Situations
♦
Substitute a Commissioner
♦
Appointment of a Guardian Ad Litem
♦
Citation by Publication
►
4.
Form ROW-E-49 Checklist
♦
In Advance of Completing a Form ROW-E-49:
♦
In Submitting Form ROW-E-49
►
5.
Preparation of Access, Bisection, and Special Clauses for Easements
♦
Overview
♦
Control of Access
♦
Bisection Clauses
♦
Clauses for Highway, Drainage, or Temporary Easement Purposes
►
6.
Form ROW-E-49 Preparation
♦
Corporate Information
♦
Resolution Trust Corporation
♦
Bank Information
♦
FDIC
♦
Internal Revenue Service Parties
►
7.
Bankruptcy Checklist
♦
Overview
►
8.
Who, Where, When - Helpful Suggestions
♦
Overview
♦
Petition For Condemnation
♦
Lis Pendens
♦
Order Appointing Special Commissioners�
♦
Motion to Substitute Special Commissioner with Order Attached
♦
Oath of Special Commissioners
♦
Order Setting Hearing Before Special Commissioners
♦
Designation of Counsel In Charge For (Named Party) with Certificate of Service
♦
Acceptance of Service And Waiver of Notice of Hearing
♦
Notice of Hearing with Service of Notice Attached
♦
Plaintiff's Motion For Nonsuit And Dismissal�
♦
Order of Nonsuit And Dismissal
♦
Award of Commissioners
♦
Judgment of Court In Absence of Objection
♦
Objections to Award of Special Commissioners
♦
Notice Of Deposit
♦
Memorandum - Notice of Deposit
♦
Disclaimer of Interest of Defendant And Certificate of Service
♦
Order of Dismissal of/Or As a Defendant
♦
Order Scheduling a Hearing
♦
Affidavit For Citation by Publication
♦
Citation by Publication
♦
Publisher's Certificate
♦
Officer's Return
♦
Motion to Appoint Attorney Ad Litem
♦
Order Appointing Attorney Ad Litem
♦
Motion to Appoint Guardian Ad Litem
♦
Order Appointing Guardian Ad Litem
♦
Order Adjourning Hearing
♦
Discovery Documents
ROW Vol. 4 - Eminent Domain
March 2005
Printer-friendly version (PDF)