Chapter 5: Eminent Domain

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Section 1: LPA Responsible for Condemnation

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An LPA will initiate condemnation proceedings whenever it is unable to obtain a conveyance by negotiation. Condemnation proceedings are the LPAs’ responsibility and will be conducted at LPA expense, except as provided for in the agreement with the State. The LPA is responsible for ensuring that all owners of compensable property interests are properly made parties to the condemnation proceedings. Action to be taken in regard to taxing agencies is outlined in Current and Delinquent Taxes, Chapter 3, Section 16 of this Guide.

Property descriptions furnished by TxDOT, including applicable special clauses, must be used by the LPA in all condemnation documents.

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