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Section 2: Submission for Single Reimbursement Based on Final Judgment

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Procedure

When an LPA elects to make only one reimbursement request based on a final judgment, perform the following actions:

  • Send one certified, recorded copy of the final judgment and the necessary assurance of title to the ROW program office in Austin with, or before, submission of the reimbursement request.
  • Support the request with three copies of Form ROW-N-20AB, Tabulation of Cost & Request for Reimbursement . Prepare Form ROW-N-20AB for condemned parcels according to the following instructions:
    • In Column 1, show the parcel number.
    • In Column 2, show the amount awarded by final judgment, plus eligible ED costs as indicated on the supporting breakdown.
    • In Column 3, show the amount of the LPA's requested reimbursement.
    • In Column 5, show a total of Columns 3 and 4, and show the total amount of reimbursement requested.
    • Enter the word "Condemnation" in Column 6, along with the item number of any improvement included in the State's approved value not acquired in the name of the State by final judgment.
    • In condemnation, all consideration due a property owner is reduced to a monetary amount Therefore, Column 7 does not apply for condemned parcels.
    • In the lower portion of the form, show the total acreage acquired by condemnation of all parcels included in the reimbursement.

If the final judgment submitted does not repeat the appointment of the Commissioners, include with the submission for reimbursement one copy of either (1) the Order Appointing Special Commissioners, or (2) the Commissioners' Award repeating their appointment.

Also include written evidence of the fees set by the judge, as outlined in Payment of Litigation Expenses (for LPA). This is usually shown in the Award of the Special Commissioners.

The department must complete and attach one copy of Form ROW-N-20C, Region Check Sheet to Support Reimbursement on Condemned Parcel , with the LPA's request for reimbursement.

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