Manual Organization
, Operating Procedures, covers the type & number of appraisals, appraiser qualifications, & evaluations, use of fee and staff appraisers, other services, assigning appraisals, independent appraisals, confidentiality of appraisals, working with property owners, reappraisals, property adjustment work & economic adjustments, and other matters pertaining to the appraisal assignment.
, Valuation – Legal Aspects and Policy, considers those items specific to right of way appraising and reviewing. Items discussed are the purposes of appraisals; the definition of market value; Legal instructions on Personalty and Realty, Non-compensable Items, Damages and Enhancements, Control of Access Rights; and, procedures on appraisals of specific types and situations such as Advertising Sign and Leasehold interests, Bisected Improvements, Convenience Stores, Fencing, Mobile Homes as Realty, Partial Acquisitions, Private Utility Lines, Project Influence, etc. The discussions of a legal nature do not attempt to give the full basis for the law. They set forth the accepted opinions concerning the handling of items in the appraisal process. The appraiser may or may not agree with these conclusions. However, these conclusions conform to the laws of Texas and the appraiser must follow them for an appraisal to be legally correct. In its role as a sovereign governmental agency, TxDOT determines policy on right of way appraisal procedures with these conclusions in mind.
, Appraisal Forms, discusses requirements and instructions in completing the Real Estate Appraisal Report (forms ROW-A-6 and ROW-A-5); Real Estate Value Finding Report (form ROW-A-7); and, the Memorandum of Value Determination (form ROW-A-8). Also discussed are miscellaneous forms such as forms ROW-A-9 (Property Classification Agreement); ROW-A-10D (Value Determination); ROW-A-13 (Declaration as to Method of Handling of Mobile Home); and, form ROW-A-PVD (Parcel Value Determination for LPA’s).
, Appraisal Review, discusses the review of appraisal reports plus special appraisal problems that do not appear in all reports. The sections within this chapter discuss reviewing personnel; reviewing for completeness, consistency, and variances in land and component values; reviewing the appraisal of the “Remainder After” and “uneconomic” remainders; and reviewing the appraisal of lessee interests and updated values.
, Establishing Right of Way Values, describes the completion of form ROW-A-10 (Tabulation of Values) to obtain approval of a recommended value, a revised value, a cancellation of a value, and/or an administrative settlement. Also discussed are “overlooked items of value” and the discussion of an “X-parcel.”
, Eminent Domain – State Acquisition, deals with the recommendations of appraisers and expert witnesses for eminent domain proceedings and/or jury trials; obtaining updated or new appraisal reports; Special Commissioners’ Award and Mediation Settlements analysis procedures; participation guidelines for the Pre-Mediation Conference and the actual Mediation; and, a discussion on using comparable sales subsequent to the “Date of Taking” in appraisal reports.
, LPA Acquisition, provides information on the state's program to acquire right of way in cooperation with LPAs (Local Public Agencies), with or without federal-aid, though most of the information in the manual applies to both the federal aid and LPA programs. The exceptions that apply to the LPA program are noted in this special chapter. Appraisal, appraisal review, and eminent domain guidelines are also included in this chapter.
, Special Site Appraisal Situations, contains information and procedures regarding appraisals and valuations of:
- engineering and maintenance sites,
- dredge disposal sites,
- property no longer needed for highway purposes,
- leasing of state-owned property,
- Aviation Division site acquisitions, and
- “fee in lieu of” mitigation assignments/procedures.
There is an appendix:
- Appendix A: a review and outline of