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Section 2: Eminent Domain Submission Checklist

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Reference

For detailed instructions on completing form ROW-E-49 Request for ED Proceedings, refer to Chapter 3, Instructions for Completing ROW-E-49.

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Prior to Submitting Eminent Domain Request

If at any time it is verified the landowner is represented by an attorney, all communications must be made to the attorney. TxDOT should request verification of the attorney's status. Verification should be in writing from the property owner verifying the attorney represents them. In certain circumstances the attorney may authorize you to communicate with his/her client.

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Filing of ED Petition & Related Court Papers

Once the ROW Program Office sends the request for condemnation to the Attorney General, all communications with the landowners, their attorney or any party named in the case must originate from the AAG assigned. Clear any requests or correspondence with the assigned AAG. An exception to this procedure is the formal serving of Notices and issuance of Post Petition Updated Appraisal Letter.

The following procedures should be performed after receipt of Attorney Generals’ papers (ED Petition and related documents):

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  • Request title company approval of parties to the condemnation (if appropriate).
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  • File original Petition for Condemnation signed by the AAG.
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  • File Lis Pendens signed by a TxDOT employee or representative and notarized.
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  • Send a copy of the Lis Pendens to each of the parties by certified mail, return receipt requested.
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  • File Order Appointing Commissioners signed by the judge of the court in which the proceeding will be held.
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  • Send a copy of the executed Order Appointing Commissioners to each of the parties by certified mail, return receipt requested as well as each property owner's attorney by first class mail, commercial delivery service, fax, or e-mail.
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  • If the judge allows both parties to suggest commissioners and AAG authorizes you to do so, notify owner/attorney you are requesting appointment of commissioners.
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  • Establish and coordinate date and location of Hearing with:
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  • Obtain commissioners' signatures on Oath of Commissioners, Order Setting Hearing and Notices of Hearing.
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  • Obtain commissioners' social security numbers.
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  • File Oath of Special Commissioners.
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  • File Order Setting Hearing (must have Cause Number).
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  • Serve Notices of Hearing. (Personal service must be made no later than the 20th day before the scheduled Hearing date.)
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  • Fill out Services of Notice.
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  • File Notice of Hearing and Services of Notice. A separate Notice of Hearing must be issued, served, returned and filed for each party joined.
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  • If authorized by AAG, notify parties of any change in location and date of Hearing.
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  • Send letters to commissioners, court reporter, appraiser(s), technical experts and all State witnesses reminding them of date, time and location of the Hearing.
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  • Send file-marked copies of papers filed to the AAG.
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  • Arrange prehearing conference with AAG and State witnesses.
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  • Have exhibits requested by AAG prepared and ready for use in prehearing conference.
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  • Have commissioners view property if appropriate.
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  • Review Award before the Hearing. In particular, check names, dates, property descriptions, and special clauses.
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  • Complete the appropriate fields on the eminent domain page in TxC.
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Attend Special Commissioners' Hearing

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If No Objections

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  • As soon as possible, after the close of business of the first Monday following 20 days, verify no objections were filed.
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  • Receive warrant and Judgment in Absence of Objections.
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  • Prepare Notice of Deposit (signed by a TxDOT employee or TxDOT representative).
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  • Arrange for judge to sign Judgment in Absence of Objections.
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  • Arrange for deposit of money and judgment to be filed.
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  • Serve Notice of Deposit, by sending a copy of the Notice of Deposit via certified mail or fax to owner or attorney of record and other parties on the same day the money is deposited.
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  • Arrange for a certified copy of the judgment to be filed in the Property Records of the County where the parcel is located.
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  • Request title policy.
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  • Email copies of all documents filed to the AAG and upload to OnBase.
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  • Update eminent domain page in TxC to show amount and date of deposit. Under Judgments, fill in the judgment type, amount, date, recording information from real property records and date filed.
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If Objections Filed

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  • File objections when received from the AAG.
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  • As soon as possible, after the close of business of the first Monday following 20 days, verify if objections were filed by the defendant.
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  • Order transcript if objections are filed.
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  • Receive warrant and prepare Notice of Deposit.
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  • Have appraiser or TxDOT representative take pictures and inspect property on the day money is to be deposited.
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  • Arrange for deposit of warrant in the registry of the court where the proceedings were conducted - file Notice of Deposit.
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  • Serve Notice of Deposit by sending a copy of the Notice of Deposit via certified mail or fax to owner or attorney of record and all other parties on the same day the money was deposited. Be sure date is filled in.
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  • Email file-marked copy of Notice of Deposit to AAG and upload to OnBase.
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  • Update eminent domain page in TxC with date objections were filed and the filing party.
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Mediation

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  • ROW Project Delivery receives request for mediation from Assistant Attorney General. Encourage Assistant Attorney General to send the mediation notice as soon as possible if judge sets date. Mediation maybe set without judge’s order.
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  • Order may contain date of mediation and name the mediator - if not, ROW Project Delivery coordinates with Assistant Attorney General regarding mediator and date.
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  • ROW Project Delivery decides who will represent them at mediation, i.e., district engineer, ROW manager, etc., and coordinates dates with them.
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  • ROW Project Delivery confirms mediation date with all parties and requests dates and availability for pre-mediation conference call with the Assistant Attorney General and the ROW Program Office if needed. Consideration should be given to the amount of time needed for TxDOT personnel to prepare analysis.
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  • ROW Project Delivery mediation coordinator sets pre-mediation and sends form ROW-E-Med Notice of Pre-mediation and Mediation Settings and letter confirming all dates to all parties.
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  • If needed, a pre-mediation conference call is held between TxDOT representatives and the Assistant Attorney General.
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  • AAG will request approval of the amount of settlement authority from ROW Project Delivery Manager, Project Delivery Director, or Division Director. The amount requested will determine who has the authority to approve the amount. (Note: Cannot settle for more without calling for additional authorization.
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  • Mediation is attended.
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  • When the scheduled mediation is over, if a settlement has not been reached on all outstanding issues, the mediation is considered complete and may not be extended. Any further settlement offers will be processed in accordance with normal settlement procedures.
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  • Within ten (10) days of the mediation, the Assistant Attorney General shall send a post-mediation settlement memorandum detailing the events of the mediation to ROW Project Delivery.
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  • The appropriate TxDOT representative will reply to the Assistant Attorney General’s memorandum confirming the settlement.
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  • If settled, the Assistant Attorney General will prepare an Agreed Judgment and send it to ROW Project Delivery to be processed.
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  • ROW Project Delivery submits a payment request through TxC to pay the mediator. This cannot be paid until after Mediation.
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  • Update eminent domain page in TxC with mediation settlements and approvals.
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Settlements

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  • Memorandum regarding proposed settlement is received from the AAG.
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  • The ROW Project Delivery Manager, Project Delivery Director, or Division Director should review the proposed settlement and reply to AAG.
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  • If proposed settlement is accepted, AAG will prepare Agreed Judgment and may send it to TxDOT to secure parties' signatures. (AAG will direct this action.)
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  • File the Agreed Judgment in the court record of the court where the proceeding is pending and certified copy(s) is (are) ordered.
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  • If Agreed Judgment is for an equal or lesser amount, the certified copy is filed in the Property Records of the County where the parcel is located.
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  • If Agreed Judgment is for a greater amount, file-marked copy is used to request additional funds through TxC. (Note: payee(s) shown in Agreed Judgment.)
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  • Warrant is received and delivered to payee shown in Agreed Judgment.
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  • If delivered to other than the court, AAG should send a Release (or Satisfaction) of Judgment to be signed when warrant is delivered.
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  • If applicable, Release (or Satisfaction) of Judgment is filed in the court record where the proceeding is pending.
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  • A certified copy is ordered and filed in the Property Records.
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  • Order title policy.
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  • Email file-marked copies of all documents filed to the AAG and upload to OnBase.
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  • Update eminent domain page in TxC with any legal settlements and approvals.
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Jury Trial

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  • File request for Jury and pay Jury fee.
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  • Coordinate service of Citation (a/k/a precepts) with Objections to Award attached with AAG.
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  • Respond to discovery requests by AAG.
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  • Coordinate pretrial meetings with all State witnesses as requested by the AAG.
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  • Ensure additional appraisers, technical experts/witnesses are contracted.
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  • If a Guardian or Attorney Ad Litem was required for the special commissioners' hearing ensure a new one is appointed for the trial.
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  • Coordinate preparation of exhibits as requested by the AAG.
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  • Attend trial and assist AAG as requested.
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  • File judgment with court.
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  • Obtain certified copy(s) of judgment.
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  • If Jury Award is the same as or less than special commissioners' award, file certified copy of judgment in Property Records.
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  • Email file-marked copies of all documents to AAG and upload to OnBase.
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  • If Jury Award is greater than special commissioners' award, upload filed-marked copy of judgment to OnBase with request for additional funds through TxC.
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  • Warrant is received and deposited in the registry of the court.
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  • Request title policy.
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  • Upload file-marked copy of judgment and title policy to OnBase.
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  • Send file-marked copy of Notice of Deposit to AAG and upload to OnBase.
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  • File certified copy of the judgment in the Property Records of the County where the parcel is located.
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  • Update eminent domain page in TxC with jury trial information.
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