Section 3: Special Situations

Substitute a Commissioner

  • If appointed commissioner cannot serve, file Motion to Substitute Commissioner.
  • 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.
  • File Oath of replacement special commissioner signed by commissioner - notarized.
  • 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)
  • File Motion to Appoint a Guardian Ad Litem.
  • File Order Appointing Guardian Ad Litem.
  • Ensure Guardian Ad Litem is notified of appointment and provided with background material including order appointing, petition, etc.
  • Send file-marked copy of the Motion and Appointment to the AAG.
  • Serve Guardian Ad Litem with Notice of Hearing in lieu of minor, etc.

Citation by Publication

  • File Petition, Lis Pendens, Order Appointing Commissioners and Oath of Commissioners as usual.
  • Notify judge, Service of Citation by Publication is required.
  • Ensure “Due Diligence” in attempt to identify and/or locate landowners who will be served in the Citation by Publication.
  • Fill in and file Affidavit for Citation by Publication (must have Affidavit signed and notarized).
  • Present the Affidavit for Citation by Publication to the commissioners.
  • 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.
  • Deliver the signed Citation by Publication to the sheriff, constable or clerk of the court in which the condemnation proceeding is pending.
  • 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.
  • Ensure the Officer's Return is signed and dated no earlier than 28 days after the first date of publication.
  • File the Officer's Return.
  • Arrange court reporter, courtroom, etc. for the hearing.
  • Upon completion of the hearing, file the Order Adjourning Hearing.
  • File Motion to Appoint Attorney Ad Litem.
  • Arrange for judge to sign Order Appointing Attorney Ad Litem.
  • File Order Appointing Attorney Ad Litem.
  • Notify the appointed Attorney Ad Litem and provide a copy of all papers on file including the Order Appointing Attorney Ad Litem.
  • Serve Notice of Hearing on all known located owners and other joined parties including Attorney Ad Litem.
  • Arrange for the newly set hearing (e.g., witnesses, court reporter, courtroom, technical experts).
  • Send file-marked copies of all papers filed to the AAG.