Section 13: Settlements of Condemnation LawsuitsAnchor: #i1001152
Procedure (State Participation)
Transportation Code, §224.005 and agreements with LPAs provide that when ROW is acquired by negotiation, State participation will be based on the lesser of either the approved value, as determined by TxDOT, or the actual cost. For condemned ROW, State participation will be based on the final judgment, with the condition that TxDOT is notified in writing before filing suit and that prompt notice is given of all action taken.
If a Commissioners’ Award is appealed, new or updated appraisals are obtained before proceeding to trial. If these new appraisals show a value greater than the original offer, TxDOT will notify the LPA that the new value supersedes the original approved value. The LPA may then re-negotiate on that basis and acquire title either by deed or by valid court judgment. TxDOT will not participate in any portion of the settlement amount greater than the approved value.