Timing of Eminent Domain Proceedings

In timing requests for ED proceedings, allow enough time to avoid delay in the desired construction schedule by accounting for the landowner's statutorily required review period for both the initial and final offer letters (a minimum of 44 days total), the ROW attorney to review and process the ED submission, and the time
needed
for the legal actions by the Office of the Attorney General (OAG).
Right of Way Division Project Delivery’s (ROW PD's) requests for ED minute order authority must be received by the Right of Way Division Program Office (ROW Program Office) through Smartsheet by its submission deadline. The ROW Program Office prepares a minute order submission to present to the Texas Transportation Commission. The minute order submission must include the currently revised property descriptions, any bisection clauses, access clauses, and easement preamble clauses. No property interest or access right can be acquired by eminent domain that has not been specifically approved by the Texas Transportation Commission. Requests for ED proceedings received after the submission cut-off date will be included on the following month's minute order submission.
Partial submissions to ROW PD through Smartsheet must include signed and sealed property descriptions and plats, applicable special clauses, and a draft ROW-E-49 form.