Section 3: Billings for Fee Appraisers, Technical Experts, and Expert Witnesses
Anchor: #i1002383Payment for Appraisals for Negotiation Purposes (for State)
After preparing and submitting appraisal reports to TxDOT, the state's fee appraiser must submit an invoice to TxDOT. The appraiser's fee on the invoice must match the predetermined fee established by the previously executed Professional Real Estate Appraisal Services (PREAS) Contract Work Authorization. Review the payment request to see that charges are in exact accordance with the appraiser's Work Authorization, the right of way map, the assignments made, and the appraisal reports submitted. Review appraisal reports to determine acceptability for payment before (1) authorizing payment of fees and (2) entering necessary data in TxC.
Prepare and process payment requests for a revised or second appraisal the same as for an original appraisal; however, the reappraisal must be authorized on a PREAS Work Authorization or Supplemental Work Authorization.
Anchor: #i1002402Payment for Appraisers' Eminent Domain Services (for State)
An appraiser's invoice for services in preparing an updated report for ED proceedings should be submitted separately from the appraiser's other work in preparing for testimony, providing services in pre-trial conferences, and providing testimony in ED proceedings. The hourly rate established in the appraiser's PREAS Contract Work Authorization is the only payment basis for these services.
Anchor: #i1002428Payment for Appraisers' Eminent Domain Services (for LPA)
When a LPA is the acquiring agency, the state does not participate in ED proceedings except as specified by law and agreed to in the right of way acquisition contractual agreement. Use of state-approved fee appraisers in ED proceedings is provided for in this contractual agreement. In executing the agreement, the LPA pays the appraiser under the terms of his appraisal contract with the state. State participation in this cost is limited as described below.
Before the Commissioners’ Hearing The LPA normally pays for appraisal services performed at the request of the LPA in anticipation of ED proceedings. However, the state pays for these services when:
- Anchor: #OUDRWUBC
- a new parcel value is established based upon the appraiser's report, or; Anchor: #ABCBNNTH
- the state determines that the report should not be used in the ED proceedings.
If the appraiser's report does not result in a new parcel value and the report is approved for testimony, release it to the LPA for payment of the appraiser's fee. This payment is eligible for state reimbursement as agreed upon in the right of way acquisition contractual agreement.
After the Commissioners’ Hearing. The state does not make payments directly to appraisers for services rendered after the Commissioners’ Hearing. The LPA makes these payments with prorated state reimbursement, when eligible.
Anchor: #i1002465Payment for Appraisals for Design Purposes
Payment for appraisals performed only for design purposes must be according to the PREAS Contract Work Authorization, as authorized by the Design Division and approved by the ROW Program Office. Charge these appraisals to the appropriate construction CSJ account.
Anchor: #i1002475Payment of Expert Witness
When employing an expert witness under a Contract for Service of Expert Witness for Eminent Domain, use a TxC Payment Request for payment of witness services in an amount not to exceed that provided for by the contract.
Anchor: #i1002485Payment of Technical Expert
Payment requests for any remaining technical experts must be in the contract through form ROW-A-47 Contract for Services of Technical Expert , according to the per hour rate shown, and in an amount not to exceed that provided for in the executed contract. As of September 1, 2019, the ROW-A-47 Contract for Services of Technical Expert is no longer used.
Forward TxC Payment Request for technical expert fees to the ROW Program Office only after receiving and reviewing the technical expert's reports.