Negotiations and Procedure for Fee Title
The VLB's fractional conveyances are made for cash consideration based on the VLB's reappraisal of the veteran's whole property, as affected by the fractional conveyance. There are statutory fees the VLB charges the veteran for processing the fractional conveyance, and the veteran must pay these fees. However, they are reimbursable by TxDOT as incidental expenses. See
. All consideration paid to the VLB for land is credited to the veteran's account with the VLB, but the fee charges are not. If the veteran has been in possession of the land three years or less, notify the ROW Program Office in the original submission for parcel processing.
There is no way to predetermine the conditions and charges the VLB will require before making its conveyance to the veteran. Therefore, after a settlement is reached with the veteran, it is necessary to enter into a
for land owned by VLB, with the veteran.
ROW PD submits the Tentative Memorandum of Agreement to the ROW Program Office along with correspondence from the veteran addressed to the VLB, prepared by ROW PD, requesting the fractional conveyance, and requesting the VLB's notification of the conditions and charges for the fractional conveyance. See sample Letter from Veteran to VLB
. Copies of the tentative agreement and correspondence are prepared for the veteran, the VLB, and the ROW Program Office. The submission includes a copy of the property description.
After reviewing the submission, the ROW Program Office forwards the property description, veteran's correspondence, and agreement to the VLB. Upon receiving the veteran's request, the VLB makes an independent appraisal of the veteran's whole property to determine the consideration they will charge for the fractional deed. Then, the VLB notifies the veteran of the required consideration and fees he/she must pay for the conveyance. The VLB also states that a fractional deed will be issued upon receipt of payment. Copies of the VLB's letter are furnished to the ROW Program Office and ROW PD. The veteran should understand that regardless of the outcome of the transaction with TxDOT, the veteran incurs an obligation to pay the VLB the cost of an appraisal.
After ascertaining the consideration and fees required by the VLB, negotiate with the veteran and submit a payment request to the ROW Program Office. The submission and handling of a pay request supported by an attorney's certificate is different from that supported by a title policy commitment, as set out in subsections
, and
following.
When the veteran executes the MOA, he is requested to sign another letter prepared by the district, requesting final severance. See sample Letter from Veteran to VLB:
. This letter requests the VLB to execute its fractional conveyance to the veteran in exchange for payment to the VLB per the MOA. It also authorizes the deed to be delivered to the title company if a title policy is to be obtained.