After the commissioners' award and the filing of objections by either party, circumstances may occur which warrant the consideration of a settlement. Normally, the possibility of settlement originates through OAG. When this possibility occurs, OAG will advise the TxDOT representative, and provide their recommendation. This recommendation is to receive immediate attention and action by the ROW manager/supervisor or, when settlement authority limits will be exceeded, the ROW Program Office

. Under no condition

will TxDOT personnel contact either the property owners or their attorney(s) concerning any settlement.

TxDOT's recommendation on settlements will generally be based upon the same factors and criteria set out in Actions to be Taken by State on Commissioners' Award and Filing of Objections. Settlement decisions are made by the ROW manager or supervisor, or by the ROW Division Director or designee when the amount of the proposed settlement exceeds delegated manager/supervisor authority.

When TxDOT cannot approve the full amount of a suggested settlement, OAG has requested that TxDOT identify what amount, if any, above the approved value but less than the proposed settlement upon which TxDOT could authorize a settlement, as there could be occasions when a case could be settled for such a figure prior to or during trial. Where TxDOT finds that the total proposed settlement cannot be recommended, but some lesser figure would be proper, the recommendation will be made accordingly.

Occasionally, in preparing for jury trial, well-documented appraisal reports are received which indicate that an award previously regarded as excessive is within the range of value, or that a higher value is adequately supported. Such reports may indicate to TxDOT that OAG should be authorized to offer a settlement before proceeding to trial. Any TxDOT recommendation should include a full and complete analysis of the correctness of the latest appraisals, as well as an analysis of these reports in comparison to previous appraisals. The OAG may be authorized to close the case for an appropriate “not to exceed” amount, or if this is unsuccessful, to proceed to trial. Each proposed settlement will be handled on its individual merits.

If a settlement is authorized and can be agreed upon by all concerned parties, the procedure to be followed in closing the case, whether by deed or

Agreed Judgment

, will be decided by OAG, in consultation with ROW PD. See in the Eminent Domain Guide for more detailed instructions on settlement procedures.