Section 6: Trial and Post-Judgment ProceduresAnchor: #i1034164
Judgment and Payment Procedures After Settlement
If the case is successfully mediated or otherwise settled before trial, the AAG will prepare an Agreed Judgment, obtain the necessary signatures of opposing parties or their counsel and the judge of the court, and file it with the court.
If the Agreed Judgment is the same as or less than the amount deposited for the Award of Special Commissioners, one certified copy of the judgment will be ordered and when received, will be filed in the public records (or property records) of the county in which the property is located. A file-marked copy of the recorded judgment will be sent to the AAG and the ROW Program Office. A title policy will be ordered from the title company.
If the amount of the judgment is less than what was deposited for the Award of Special Commissioners and the money has been withdrawn from the registry of the court, the AAG will be requested to secure a refund for the State. If the refund is made by the court or district clerk, TxDOT must stay in close contact with the proper party so the funds may be obtained promptly. See Collection of Refunds Due State for additional information on submitting refunds.
If the Agreed Judgment is greater than the amount deposited for the Award of Special Commissioners, a certified copy should be ordered when the judgment is filed. One copy will be sent to the ROW Program Office, along with the OAG memorandum of successful mediation, with a request for additional funds. See Payment Procedures ( Payment for Condemned Parcels) for further assistance.
When the warrant is received, it will be delivered to the named payee. Generally, this will be the registry of the court. When paid to anyone other than the court, the AAG will prepare a Release or Satisfaction of Judgment to be signed when the warrant is delivered and then filed in the court records. The second copy of the judgment will be filed in the public records (or property records) of the county in which the property is located. A title policy will be ordered from the title company.Anchor: #i1002434
Title Policy Issuance after Judgment is Final
When the judgment in the eminent domain proceedings is final and no longer subject to appeal, and the total obligation of the State to the property owners has been paid, a certified copy of such final judgment will be obtained for recording in the deed records of every county in which the property lies. Upon recording of this final judgment, the title company will issue title insurance on the parcel. The amount insured by the policy will not include any interest paid on the judgments (i.e., the amount insured in the title policy on each submission must agree exactly with the base amount of the judgment excluding interest). After the proper entries are made on the project ROW map, if any, the recorded certified copy of the final judgment will be forwarded to the ROW Program Office along with the Owner Title Policy as part of the normal submission requirements under Payment for Title Work.Anchor: #i1002446
Collection of Refunds Due State
Where the amount awarded in the final judgment is less than the amount of the commissioners' award previously deposited by the State, a refund is due the State. In an effort to avoid undue delay in collecting or attempting to collect such refunds, the procedure will be as follows.
Upon receipt of a memorandum from OAG indicating that a commissioners' award has been reduced at the trial, ROW PD should make periodic contacts with the court clerk to determine if the remitted due the State has been deposited. At such time as the funds have been deposited TxDOT is to notify OAG so that an Order of Withdrawal may be prepared. Any contact with the defendants or their counsel should be made through OAG. If at the expiration of sixty (60) days from the date of entry of judgment the funds have not been deposited with the court, ROW PD is to notify OAG and request that whatever collection action deemed necessary be taken to secure the funds due the State.
When a refund is withdrawn from the registry of the court, TxDOT will make the submission to the ROW Program Office according to the procedure outlined in General Payment Policies and Procedures.