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Section 3: Special Situations

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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.
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  • Send file-marked copies of filed documents to the AAG.
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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.
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  • Serve Guardian Ad Litem with Notice of Hearing in lieu of minor, etc.
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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).
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  • Send file-marked copies of all papers filed to the AAG.
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