Section 5: Payment of Special Commissioners' Fees and Eminent Domain Costs
Anchor: #i1000216Special Commissioners' Fees
Property Code, Section 21.047 provides for setting fees for services by the special commissioners. The presiding judge has jurisdiction for setting a reasonable fee for each special commissioner. Submit payment requests through TxC for special commissioners' fees.
Supporting documentation to upload to OnBase for special commissioners' fees payment request:
- Anchor: #AVBSFYWA
- copy of the commissioners' award showing the fees set by the judge; or Anchor: #GDAOYXEE
- copy of an order by the judge setting the fees.
Any variation in the names of commissioners used requires an affirmation by TxDOT that the person's name shown in the award and the person's name appearing differently is the same person. For this reason, the special commissioners should sign the award exactly as their names appear in the award or order appointing the commissioners. If the case is dismissed, then the payment request must include a fully signed copy of the Order of Dismissal.
Other ED costs will also require payment requests created in TxC for payment. The following subsection provides information required for each situation.
Anchor: #i1000271Situations and Required Information
When No Objections are filed to the commissioners' award, the filing fee is due when the judgment is entered only if the judgment assesses the costs against the State. Submit payment request for filing fees.
Supporting documentation to upload with payment request:
- Anchor: #BHDJPQAU
- invoice.
When Objections to the Commissioners' Award have been filed by either party, the filing fee is payable by the State.
Make all payment requests for other eminent domain fees prescribed by law, and show an itemized listing of all eligible charges, or support the billing by a signed copy of the clerk's itemized listing of charges.
Other items and services required by the State may also be due. Pay these directly to the person who provided them, and do not include them in the clerk's bill of costs. These items may include certified copies, recording Notice of Lis Pendens, and recording judgments in the deed records. Submit payment request through TxC.
Supporting documentation to upload to OnBase for payment request:
- Anchor: #QBFYWJAL
- invoice or itemized listing of all eligible charges.
Service of Notice of Hearing out of State. When notices of hearing must be served on out-of-state parties to condemnation proceedings, this service is usually performed by a private process server or the sheriff of the county in which the defendant resides, and payment for this service is authorized.
State law provides that any person competent to testify may serve the notice (Property Code, Section 21.016). TxDOT must directly process and handle all out-of-state services and must be responsible for paying the sheriff or other party who serves the defendant. If TxDOT receives a request from another State to serve a notice to a Texas resident, TxDOT may, at its discretion and taking into account its own particular workload, perform such service. If TxDOT declines to serve notice, promptly return the request to the other State along with an explanation.
Submit payment request through TxC.
Supporting documentation to upload to OnBase for payment request:
- Anchor: #FGGPJFWR
- invoice.
Service of Notice of Hearing within the State. State law provides that any person competent to testify may serve the notice (Property Code, Section 21.016). When an authorized person serves notices of hearing on parties to condemnation proceedings, fees for such services, if any, must be paid directly to the authorized person.
TxDOT must obtain all notices required after the hearing when requested by OAG.
Citation by Publication. Submit payment request through TxC.
Supporting documentation to upload to OnBase for payment request:
- Anchor: #IFBSJMWK
- invoice;
Court Reporters and Court Stenographers. Pay the fees for a statement of facts (or transcript) for any condemnation proceeding when this service is requested by OAG or TxDOT.
Make payment to the court reporter on the basis of the legal established rate per one hundred words for the original statement of facts and a reasonable charge for additional copies. Though the law is silent in regard to the allowable charges for copies, the charge should not exceed the cost of the original transcript and is usually based upon a rate of approximately one half the established rate for the original transcript.
Submit payment request through TxC.
Supporting documentation to upload to OnBase for payment request:
- Anchor: #UPJIDHTI
- invoice.
Recording of Lis Pendens. Submit payment request through TxC.
Supporting documentation to upload to OnBase for payment request:
- Anchor: #FYHOOIUQ
- invoice.
Recording of Judgments in the Deed Records. Submit payment request through TxC when the county clerk will be paid separately for recording judgments in the deed records.
Supporting documentation to upload to OnBase for payment request:
- Anchor: #AITLXPWB
- invoice.
Furnishing Certified Copies. Submit payment request through TxC when certified copies of papers (such as the Award of Special Commissioners or judgment) are required.
Supporting documentation to upload to OnBase for payment request:
- Anchor: #HMIGKAQM
- invoice.