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Section 15: LPA Reimbursement for Condemned Parcels (State Participation)

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Eligible Condemnation Costs and Methods of Reimbursement

LPA reimbursement for a condemned parcel is based on the final judgment amount and on eligible ED costs. Eligibility for reimbursement of condemnation charges (adjudged against the LPA and/or the State and paid by the LPA) is determined according to Attorney General’s Opinion Nos. M-134, M-142, M-483, H-886, and DM-26. The cost of recording judgments in the deed records is not eligible for State participation because of the division of responsibilities in the agreement, which states that the LPA must record all conveyance instruments at their own expense. Otherwise, there is no distinction between the condemnation charges for which a city can be reimbursed and those for which the State can pay. The difference between charges that the State can pay and those that can be paid by a county are discussed in Attorney General’s Opinion No. M-142. Counties should refrain from entering judgments calling for county payment of court costs that are a transfer of money from one county fund to another.

LPAs should make a single reimbursement request covering all eligible costs on a condemned parcel. However, in appealed cases the LPA also has the option of (1) asking for partial reimbursement at the award stage, and (2) then billing the State for the remaining costs following the final judgment, as discussed in Submissions for Partial Reimbursement Based on 80% of the State’s Participation Amount of the Commissioners’ Award following later in this Section. When objections to the Award of Commissioners are filed and the LPA has deposited the amount of the award in the court, the LPA may request reimbursement based on 80% of the State’s participation of the amount awarded by the Special Commissioners and 100% of all eligible costs incurred up to the time of the reimbursement request. Following the final judgment and its full payment into the court, the LPA must submit a second reimbursement request for (1) the difference between 80% of the State’s participation of the Award and the final judgment, and (2) all other eligible costs not included in the previous billing, as discussed in Submissions for Reimbursement Following Partial Reimbursement on the Commissioners’ Award following later in this Section.

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Submission for Single Reimbursement Based on Final Judgment

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 TxDOT 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. This is usually shown in the Award of the Special Commissioners.
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Submissions for Partial Reimbursement Based on 80% of the State’s Participation Amount of the Commissioners’ Award

Where objections have been filed to an award, an LPA may request reimbursement based on 80% of the State’s participation of the Commissioners’ Award and 100% of all other eligible eminent domain costs paid up to that date. Prepare the request like requests for reimbursement based on the final judgment. This tabulation must indicate that only 80% of the State’s participation of the award is used to complete the gross cost shown in Column 2 of Form ROW-N-20AB.

LPA reimbursement requests like this must be accompanied by one certified copy of the Commissioners’ Award supported by either:

  • a title policy commitment in the name of the State, or
  • an Attorney’s Certificate executed by the District’s attorney.

If costs have been adjudged against the city or State, either:

  • send one copy of the court clerk’s statement or bill of cost to support the court officer’s fees in the billing; or
  • itemize the charges on the Breakdown of Costs.
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Submission for Reimbursement Following Partial Reimbursement on the Commissioners’ Award

When final judgment is given on a parcel where reimbursement was made based upon 80% of the State’s participation of the Commissioners’ Award, prepare the final reimbursement request like a single reimbursement request based completely on the final judgment, except indicate that only the difference between 80% of the State’s participation of the Commissioners’ Award and final judgment (along with other eligible eminent domain costs not submitted in the previous reimbursement) is included in the tabulation. Form ROW-N-20AB, Tabulation of Cost & Request for Reimbursement must contain a reference to the previous reimbursement.

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