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Section 6: Section V of Form ROW-E-49

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Overview

A TxDOT-Prepared Attachment to the Property Description, Special Clauses Exhibit (in addition to any necessary control of access clause) comprises this section of the ROW-E-49.

Attach these clauses as a separate page to the RPLS-sealed property descriptions in the following order:

  1. Access
  2. Bisection(s)
  3. Retention of Property Rights
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Bisected Improvement(s)

Mark the blank for Category I or Category II bisection or mark the blank "None Involved," as appropriate.

Category I bisection exists when the improvement is located partially in the taking and partially on the remainder property, but the portion (of the improvement) on the remainder property can not be reconstructed to economically restore utility. In other words, the proposed ROW line cuts through the improvement so that the portion (of the improvement) remaining on the remainder property can not be reconstructed. The State should acquire the entire improvement. Also, the State must have the right to enter the remainder property to remove the improvement. For all Category I bisections, attach an appropriate clause (written by the department) to the RPLS-sealed property descriptions used to obtain the minute order authorization for ED proceedings.

Category II bisection exists when the improvement is located partially in the taking and partially on the remainder property, but the portion (of the improvement) on the remainder property can be reconstructed to economically restore the utility. The State should acquire (item 1) only that portion of the improvement located in the new ROW, or (item 2) as much additional property (portion of the improvement) needed to make a safe cut of the improvement beyond the ROW line. For (item 1), only temporary right of entry (to cut the improvement at the ROW line) may be required. For (item 2), attach the following to the RPLS-sealed property descriptions and parcel plats (used to obtain the minute order authorizing ED action): (a) a clause that includes a temporary right of entry and (b) a description of the cut line location. For Category II bisections, the department determines if entry on the remainder property is necessary and prepares the appropriate clause. The department may request a technical review of the ROW-E-49 submission by the ROW program office in Austin.

Instruction for preparing these clauses is in the Eminent Domain Guide, Preparation of Access, Bisection, and Special Clauses for Easements.

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Property Rights To Be Retained by Owner

If the property owner will retain property rights (e.g., cattle pass, private water line, or gas line), then mark the appropriate blank on the form. Otherwise, mark the blank "None Involved."

Retention of property rights is used as a negotiation tool. These rights are usually forfeited (by the owner) when (1) negotiations fail and (2) property interest must be acquired through the ED process.

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ROW Program Office in Austin Technical Review Requested:

Mark the appropriate box indicating whether technical review is requested. If no box is marked, a technical review will be requested.

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