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Section 2: Section I of Form ROW-E-49

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Nature of Taking:

Information requested in Section I of Form ROW-E-49 is needed to secure authorization from the Commission and to assist OAG in preparing pleadings to acquire the property interests.

  • Property Interest(s) to be Acquired: Examples of entries here are "fee title" or "easements." If the submission includes (1) a fee taking and (2) one or more easements out of the same parent tract of land, these interests will be combined into a single suit. The following is an example:

Parcel 7 (fee title) and Parcel 7E, Part 1 and 7E, Part 2 (drainage easements).

Extent of Taking: Only show whether the acquisition is a partial taking or whole taking.

Access Rights to Remainder (Partial Taking - Controlled Access Highway Only):

NOTE: Do not complete this section if this is not a controlled access facility.

  • Type Location: Only show whether (1) the proposed facility is on a new location or (2) if the property interest is being acquired for widening or expanding an existing facility (whether highway, road, street or other public way facility).
  • Denial or Allowance of Access Based on Right of Way and/or Construction Plans: Mark the appropriate space to show whether access rights are to be (1) permitted to the entire remainder, (2) denied to the entire remainder, or (3) only partially denied to the remainder. Attach an access clause as a separate page to the legal property description for all partial takings on controlled access facilities.

In specifying the exact location where access will be partially denied, refer to a specific call in the property description. Do not refer to highway centerline stations, because when on a curve, distance along the ROW line will differ from distance along the centerline. Information provided must correspond with the access clause in the property description. Additional information and examples are available in the Eminent Domain Guide, Control of Access.

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