Section 2: Eminent Domain Forms for City
Anchor: #i1000156Forms
The following sample forms are for fee title (less oil, gas and sulfur) and easements as indicated. These forms are suggested as guidelines for use by cities in ED proceedings for on-system projects only. Eminent domain counsel should consult the Texas Property Code, Chapter 21 (Eminent Domain) and modify these sample forms accordingly.
Plaintiff’s Statement (easement)
Order Appointing Special Commissioners (fee)
Order Appointing Special Commissioners (easement)
Oaths of Special Commissioners (fee or easement)
Order Setting Hearing before Special Commissioners (fee or easement)
Notice of Hearing (fee) (includes Return of Notice of Hearing)
Notice of Hearing (easement) (includes Return of Notice of Hearing)
Award of Special Commissioners (fee)
Award of Special Commissioners (easement)
Judgment of Court in Absence of Objection (fee)
Judgment of Court in Absence of Objection (easement)
The fee title and easement forms for Judgment of Court in Absence of Objection are the only sample forms of judgment prepared since it is the only situation in which standardization is practical.
The sample Plaintiff's Statement for an easement taking may require alterations to fit varying circumstances. Therefore, the following clauses are suggested as substitutions.
Anchor: #i1000274For Taking Drainage Easement Only
- Anchor: #GVMBHCQG
- Substitute for
Clause I in the sample Plaintiff's Statement:
“That the State of Texas is now constructing, laying out and reconstructing a highway, designated as a part of the State Highway System by the Texas Transportation Commission of the State of Texas, in the City of XXXXX, XXXXX County, Texas, and that such construction, reconstruction and maintenance upon said highway will run over and across the following described real property which lies within the corporate limits of XXXXX County, Texas:”
- Anchor: #DVOKBQGG
- Substitute for
Clause II in the sample Plaintiff's Statement:
“The Texas Transportation Commission of the State of Texas has found and determined that it is necessary and convenient to run said highway adjacent to said hereinabove described tract of land, and that it is necessary to the design of said highway facility to acquire an easement for the purpose of opening, constructing, and maintaining a permanent drainage channel in, along, upon and across said hereinabove described tract of land; and the City of XXXXX, XXXXX County, Texas, has found and determined that it is necessary to acquire said drainage channel easement through these proceedings in eminent domain, pursuant to existing law, same to be paid for by said City, with title thereto vesting in the State of Texas, for the purpose of opening, constructing, and maintaining a permanent drainage channel in, along, upon and across said tract of land with the right and privilege at all times of having ingress, egress, and regress in, along, upon and across such property for the purpose of making additions to, improvements on, and repairs to the said drainage channel or any part thereof, and the right to remove from said premises and use, for highway purposes, any stone, earth, gravel, caliche or other road building material which may be excavated in the opening, construction or maintenance of said channel or drainage easement.”
The metes and bounds description used when a drainage easement is acquired should be a description of only the easement area acquired. When the substitute clauses above are used to acquire only a drainage easement, it will be necessary to make changes in some of the other forms to show that the purpose of the taking is for a drainage channel rather than for highway ROW.