Refusal to Permit Entry for Appraisal Purposes
If
a property owner refuses to permit appraisers employed by TxDOT to enter the property in order to view it, take measurements and photographs, or make other necessary inspections, legal means are available by which such entry can be gained. However, in the interest of expediting the acquisition of right of way, it has been determined that court proceedings to merely gain right of entry will not be resorted to in the first instance. The initial procedure in such instances will be as follows:The appraiser will not enter the property but will endeavor to view it from as many viewpoints as possible.
The appraiser should make a careful study of all available records from the available sources, including but not limited to:
- Satellite, aerial, and other publicly available imagery of the property;
- U. S. Geodetic Contour maps, if available;
- Appraisal District records;
- records in Building Inspector’s Office if inside a city; and
- prior sales and marketing information.
The appraiser may take distant photographs and resort to any other sources of information to use as a basis for their report. The appraisal report will clearly indicate that the appraiser was not permitted to enter upon the property and that the report is predicated on certain assumptions that should be detailed. The appraiser should also clearly set forth what sources of information were used as a basis for their assumptions.
When it is necessary to appraise properties by this method and eminent domain proceedings become necessary, entry by court order can be obtained as a part of the proceedings, and the usual complete appraisal will then be performed.