Eminent Domain Submission Requirements
After the final offer letter has been sent or delivered, include with submission to the ROW attorney of the form
through Smartsheet the following documents:
- A copy of the documentation that theLandowner’s Bill of Rightsstatement was provided to the landowner (see theROW Acquisition Manual, Chapter 5). This may consist of documentation establishing themailingby first class certified mail, usually with the initial offer and referenced as an enclosure. In the event the statement was hand delivered to the landowner, documentation may consist of certification, by the right of way agent who made the direct delivery, of the date and fact of such delivery. Attach a copy of theLandowner’s Bill of Rightsstatement to the delivery documentation.
- Completed formROW-E-49 Request for ED Proceedings, together with all supporting documentation, including but not limited to the following:
- Registered Professional Land Surveyor (RPLS)-sealed parcel plat and property descriptions, including any attached pages for access provisions and any required special clauses and/or sketches or photographs showing location of improvements attached;
- District-approved ROW map sheet(s) containing the parcel, if one has been prepared containing the parcel, for use by OAG;
- Both the initial and final offer letter(s) with documentation of mailing and delivery dates;
- All appraisal reports done for the subject property by or on TxDOT's behalf (including any that were not approved), and any submitted by the property owner with a counteroffer;
- Current title commitment;
- Documents affecting title (e.g., deeds, leases, liens, easements, corporate documents, restrictions, probate documents) to the extent that ROW PD has questions and desires review by the ROW attorney, with the questions noted in the transmittal cover memo; and
- All correspondence regarding the property interest (e.g., relocation agent's,negotiator's, reviewappraiser's reports or contact logs, or miscellaneous memorandums).