If after the eminent domain file has been transmitted to OAG, but prior to the special commissioners' hearing, the property owner(s) agree to accept the State's offer based on the approved value, or the property owner(s) have submitted a counter offer, the OAG is to be notified immediately.

If the eminent domain proceedings have not yet been filed, and the title is clear or can be cleared without legal action, the purchase may be completed according to prescribed negotiation procedure and closing by deed.

If eminent domain proceedings have been filed and the state of title permits closing by deed, the OAG shall first obtain a waiver of any attorney's fees and landowner expenses the landowner may otherwise be entitled to upon the State's voluntary dismissal of the eminent domain proceeding. The proceedings will not be dismissed until the purchase is completed.

Otherwise, if closing by deed is not indicated, such that the interests of parties who have been joined in the petition (other than the fee owner) cannot be released or extinguished, the settlement can be implemented by a stipulated value at the special commissioners' hearing, with any necessary apportionment to be made by the judge after the deposit of the award proceeds.