Chapter 4: LPA Acquisition by Eminent Domain

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Section 1: Overview

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LPA Responsible for Condemnation

An LPA will initiate condemnation proceedings whenever it is unable to obtain a conveyance by negotiation. Condemnation proceedings are the LPAs' responsibility and will be conducted at LPA expense, except as provided for in the contractual agreement with the State. The LPA is responsible for ensuring that all owners of compensable property interests are properly made parties to the condemnation proceedings. Action to be taken in regard to taxing agencies is outlined in Current and Delinquent Taxes in Right of Way Manual Vol. 2 - R/W Acquisition.

Property descriptions furnished by TxDOT, including applicable special clauses, must be used by the LPA in all condemnation documents.

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Filing of Notice of Lis Pendens

The LPA must file a Notice of Lis Pendens with the county clerk of the county where the land is located. This should be done at the same time the plaintiff's statement is filed with the judge. If a notice of lis pendens is not filed prior to filing of a certified copy of the final judgment, the land may be sold to a purchaser who is without knowledge of the pending litigation. This could require a refiling of the plaintiff's statement against the new owner.

See Chapter 2, Section 3, Notice of Lis Pendens-Required Service on Interested Parties, for a discussion of the statutory requirement of Property Code Section 12.007(d).

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