Section 3: Special SituationsAnchor: #i1007762
Substitute a Commissioner
- If appointed Commissioner cannot serve, file Motion to Substitute Commissioner.
- If either a Motion to Substitute Commission is filed or an appointed Commissioner is struck by a party pursuant to Section 21.014 of the Property Code, file Order Replacing Special Commissioner signed by the Judge.
- File Oath of replacement Special Commissioner signed by Commissioner - notarized. Anchor: #i999911
- Send file-marked copies of filed documents to the AAG.
Appointment of a Guardian Ad Litem
(If owner is a minor or has been legally declared mentally incapacitated)
- File Motion to Appoint a Guardian Ad Litem.
- File Order Appointing Guardian Ad Litem.
- Ensure Guardian Ad Litem is notified of appointment and provided with background material including Order Appointing, Petition, etc.
- Send file-marked copy of the Motion and Appointment to the AAG. Anchor: #i999927
- Serve Guardian Ad Litem with Notice of Hearing in lieu of minor, etc.
Citation by Publication
- File Petition, Lis Pendens, Order Appointing Commissioners and Oath of Commissioners as usual.
- Notify Judge, Service of Citation by Publication is required.
- Ensure "Due Diligence" in attempt to identify and/or locate landowners who will be served in the Citation by Publication.
- Fill in and file Affidavit for Citation by Publication (must have Affidavit signed and notarized).
- Present the Affidavit for Citation by Publication to the Commissioners.
- Before setting the Hearing, advise the Commissioners they must set the Hearing at 10:00 A.M. on the first Monday following forty-two (42) days after they issue the Citation by Publication.
- Deliver the signed Citation by Publication to the Sheriff, Constable or Clerk of the Court in which the condemnation proceeding is pending.
- After the Citation by Publication has been published as required (once a week for four consecutive weeks), obtain the completed Officer's Return. Attached to the return must be both the original Citation by Publication and the Publisher's Affidavit with a printed copy of the Notice attached to the Affidavit.
- Ensure the Officer's Return is signed and dated no earlier than 28 days after the first date of publication.
- File the Officer's Return.
- Arrange Court Reporter, courtroom, etc. for the Hearing.
- Upon completion of the Hearing, file the Order Adjourning Hearing.
- File Motion to Appoint Attorney Ad Litem.
- Arrange for Judge to sign Order Appointing Attorney Ad Litem.
- File Order Appointing Attorney Ad Litem.
- Notify the appointed Attorney Ad Litem and provide a copy of all papers on file including the Order Appointing Attorney Ad Litem.
- Serve Notice of Hearing on all known located owners and other joined parties including Attorney Ad Litem.
- Arrange for the newly set Hearing (e.g., witnesses, Court Reporter, courtroom, technical experts). Anchor: #i1000666
- Send file-marked copies of all papers filed to the AAG.