Section 3: Special Situations
Anchor: #i1007762Substitute a Commissioner
- Anchor: #GEWBHBEY
- If appointed commissioner cannot serve, file Motion to Substitute Commissioner. Anchor: #RGHERMKW
- If either a Motion to Substitute Commission is filed or an appointed commissioner is struck by a party pursuant to Section 21.014 of the Property Code, file Order Replacing Special Commissioner signed by the judge. Anchor: #FQKOXQSH
- File Oath of replacement special commissioner signed by commissioner - notarized. Anchor: #i999911
- Send file-marked copies of filed documents to the AAG.
Appointment of a Guardian Ad Litem
(If owner is a minor or has been legally declared mentally incapacitated)
- Anchor: #XHIEKRAH
- File Motion to Appoint a Guardian Ad Litem. Anchor: #DDOIVIJF
- File Order Appointing Guardian Ad Litem. Anchor: #KLXIXQEH
- Ensure Guardian Ad Litem is notified of appointment and provided with background material including order appointing, petition, etc. Anchor: #ITBDEIAX
- Send file-marked copy of the Motion and Appointment to the AAG. Anchor: #i999927
- Serve Guardian Ad Litem with Notice of Hearing in lieu of minor, etc.
Citation by Publication
- Anchor: #GFLJYHUF
- File Petition, Lis Pendens, Order Appointing Commissioners and Oath of Commissioners as usual. Anchor: #WSFHQPGU
- Notify judge, Service of Citation by Publication is required. Anchor: #JIHCPSIQ
- Ensure “Due Diligence” in attempt to identify and/or locate landowners who will be served in the Citation by Publication. Anchor: #FSGDVLJT
- Fill in and file Affidavit for Citation by Publication (must have Affidavit signed and notarized). Anchor: #SEEQDLHY
- Present the Affidavit for Citation by Publication to the commissioners. Anchor: #UCDLUGHU
- Before setting the Hearing, advise the commissioners they must set the Hearing at 10:00 A.M. on the first Monday following forty-two (42) days after they issue the Citation by Publication. Anchor: #HSVXDPCO
- Deliver the signed Citation by Publication to the sheriff, constable or clerk of the court in which the condemnation proceeding is pending. Anchor: #NSPXXOAB
- After the Citation by Publication has been published as required (once a week for four consecutive weeks), obtain the completed Officer's Return. Attached to the return must be both the original Citation by Publication and the Publisher's Affidavit with a printed copy of the Notice attached to the Affidavit. Anchor: #DOACSEHX
- Ensure the Officer's Return is signed and dated no earlier than 28 days after the first date of publication. Anchor: #THQNLIDS
- File the Officer's Return. Anchor: #FPIJIBUB
- Arrange court reporter, courtroom, etc. for the hearing. Anchor: #WQRKTDSS
- Upon completion of the hearing, file the Order Adjourning Hearing. Anchor: #OPDEPJRG
- File Motion to Appoint Attorney Ad Litem. Anchor: #NGBGGNSI
- Arrange for judge to sign Order Appointing Attorney Ad Litem. Anchor: #BQKXFDSI
- File Order Appointing Attorney Ad Litem. Anchor: #NPAIGIFG
- Notify the appointed Attorney Ad Litem and provide a copy of all papers on file including the Order Appointing Attorney Ad Litem. Anchor: #KPQJWEUF
- Serve Notice of Hearing on all known located owners and other joined parties including Attorney Ad Litem. Anchor: #NPKSMAFH
- Arrange for the newly set hearing (e.g., witnesses, court reporter, courtroom, technical experts). Anchor: #i1000666
- Send file-marked copies of all papers filed to the AAG.