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Section 2: Section I of Form ROW-E-49 (Nature of Taking)

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Nature of Taking:

Information requested in Section I is needed to secure authorization from the Texas Transportation Commission and to assist OAG in preparing the appropriate pleadings to acquire the property interests.

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  • A: Property Interest(s) to be Acquired: examples of common entries here are fee title, highway easement, drainage easement, temporary easement or “access only.” If the submission includes the acquisition of more than one type of interest out of the same tract of land, these interests will be combined into a single suit. For example: “Parcel 7 (fee title) and Parcel 7E, Part 1 and 7E, Part 2 (drainage easements)”.
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  • B: Extent of Taking: only show whether the acquisition is a partial taking or whole taking.
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  • C: Access Rights to Remainder: For a partial taking only, indicate whether there is any denial of access on and off the remaining property.
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  • D: Access Rights to Remainder: If there is any denial of access on and off the remaining property, indicate whether the remaining property is partially or totally denied access.
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  • E: Type Location: show whether (1) the proposed facility is a “new location” (where no public road access currently exists at the location(s) where access is proposed to be denied, or (2) on “existing location” (if the property interest is being acquired for widening or expanding an existing facility, whether highway, road, street or other public way facility). It is possible for a parcel to be, in part, existing location and, in part, new location (such as a highway which is generally new location but which, in part, incorporates an existing public street or road to which certain property owners had pre-existing access rights).

The field notes must clearly address any restriction on access, or an access addendum clarifying such restriction must be prepared and attached to the field notes.

In specifying the exact location where access will be partially denied, field notes or, when applicable, the access addendum must refer to a specific call in the property description. It is not acceptable for access denial to be described in reference 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 Control of Access in the Eminent Domain Guide.

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