Once the ROW Program Office sends the request for condemnation to the Attorney General, all communications with the landowners, their attorney or any party named in the case must originate from the AAG assigned. Clear any requests or correspondence with the assigned AAG. An exception to this procedure is the formal serving of Notices and issuance of Post Petition Updated Appraisal Letter.

The following procedures should be performed after receipt of Attorney Generals’ papers (ED Petition and related documents):

Request title company approval of parties to the condemnation (if appropriate).
File original Petition for Condemnation signed by the AAG.
File Lis Pendens signed by a TxDOT employee or representative and notarized.
Send a copy of the Lis Pendens to each of the parties by certified mail, return receipt requested.
File Order Appointing Commissioners signed by the judge of the court in which the proceeding will be held.
Send a copy of the executed Order Appointing Commissioners to each of the parties by certified mail, return receipt requested as well as each property owner's attorney by first class mail, commercial delivery service, fax, or e-mail.
If the judge allows both parties to suggest commissioners and AAG authorizes you to do so, notify owner/attorney you are requesting appointment of commissioners.
Establish and coordinate date and location of Hearing with:
Commissioners
Property owner/attorney
Appraiser
AAG
Court reporter
Engineering witness
Any expert witness if appropriate.
Obtain commissioners' signatures on Oath of Commissioners, Order Setting Hearing and Notices of Hearing.
Obtain commissioners' social security numbers.
File Oath of Special Commissioners.
File Order Setting Hearing (must have Cause Number).
Serve Notices of Hearing. (Personal service must be made no later than the 20th day before the scheduled Hearing date.)
Fill out Services of Notice.
File Notice of Hearing and Services of Notice. A separate Notice of Hearing must be issued, served, returned and filed for each party joined.
If authorized by AAG, notify parties of any change in location and date of Hearing.
Send letters to commissioners, court reporter, appraiser(s), technical experts and all State witnesses reminding them of date, time and location of the Hearing.
Send file-marked copies of papers filed to the AAG.
Arrange prehearing conference with AAG and State witnesses.
Have exhibits requested by AAG prepared and ready for use in prehearing conference.
Have commissioners view property if appropriate.
Review Award before the Hearing. In particular, check names, dates, property descriptions, and special clauses.
Complete the appropriate fields on the eminent domain page in TxC.