After the written award by the special commissioners has been filed with the appropriate court, the State will be entitled to take possession upon the deposit of the amount of the award into the registry of the court.

Under no circumstances

will TxDOT personnel enter upon or take possession of such a parcel until

after

the State's warrant has been deposited into the registry of the court, unless a PUA has been executed and funded or other legal arrangements have been made by the AAG handling the case. Such deposited funds will be subject to being withdrawn by the parties to the proceedings, but the withdrawal or non-withdrawal of funds does not restrict or affect the State's right of possession. Possession may be taken even though an appeal is filed by either or both parties.

It is recommended that the property be inspected on the date of deposit or if there has been an agreed date of take under a Possession and Use Agreement on the agreed date. This inspection should include taking extensive photographs of the condition of the premises. This information can be extremely valuable in preparing and presenting the case at a subsequent jury trial, particularly in documenting the existence and condition of any real property improvements located on the property as of the date of taking.

Where tenants or owners joined in the ED proceeding do not vacate the premises within the time allowed, forceful eviction will not be used except as a last resort, and only then with prior administrative approval obtained by request through the ROW Program Office. Every possible means of securing peaceful possession will be exhausted. Periodically protest continued occupancy in writing and request immediate vacancy. Document every effort made to secure possession.

Requests for eviction proceedings will outline all the facts in the case, including proposed letting date, the last possible date that the construction schedule will allow for deferral of actual eviction, the identity(ies) of the party(ies) to be joined and the manner in which they may be served with legal process.