Additional information is given in of the Eminent Domain Guide.

Show names of fee owners as they appear on the deed or probate document that gives them title to the property being condemned, which are the same as shown on the title commitment. These names should be the same as on the final offer letter. Minor variation in name(s) on the final offer letter is acceptable if it is clearly the same person and, if married, the spouse should be included.

Occasionally, owners may use more than one name. This may be shown as in the following example:

Nelly Bly, also known as Nellie Jane Bly, or

John B. Brown, being one and the same person referred to in certain instruments of record as J. Bruce Brown or as J. B. Brown. Show marital status of each individual specifically as “a single man,” “a
femme sole"
or “a widow.” Show the full name of the spouse of any married owner. List a wife by her given married name, such as:
John J. Andrews and Mary Alice Andrews, husband and wife

When one party owns the property as separate property, it is possible that the spouse may have a homestead interest. The spouse of any fee owner should always be named as a party, even when one party owns the property as his separate property.

Give addresses of owners

by house number and street name rather than post office box number

so that service of citation can be made. For rural residents, most areas are covered by the 911 emergency system, and most rural streets are named. The county in which the party resides, and directions by local landmarks is acceptable. Make all addresses as complete as possible. If the address on the final offer letter differs from the one shown on the , include an explanation about this difference in the “Remarks” section.

The submission should advise if an estate is in the process of administration (or if probate proceedings are pending). Show the names and addresses of the administrator (appointed by the court) or executor under a will that has been admitted to probate, and all heirs and devisees having an interest in the property. Attach copies of probate documents to the form if indicated.

State when a minor or legally declared incompetent person owns an interest or estate in the land. Also, state the name and address of any legal guardian of the person and estate. If there is no legal guardian, the Assistant Attorney General (AAG) can include documents to engage an (or a ) when filing the proceedings.

If ownership is in a corporation, partnership, or in a form beside individual persons, then show the exact name and type (e.g., “a corporation” or “a partnership”). Give the name, title and address of the person(s) authorized to accept service of citation, which would be the registered agent for service as listed in the records of the Office of Secretary of State (SOS). For example:

Acme Processing Company, a Corporation Austin, Texas 78787

NOTE:

If you are unable to contact the person listed as registered agent, contact the ROW attorney for assistance in validly serving the entity.

A party, usually a tenant, may be listed using a “DBA” (Doing Business As). These listings may or may not actually say “DBA”. Show a party as a DBA if (1) the name does not show that it is a corporation, limited or general partnership or other type of business entity, and (2) it cannot be identified through the SOS as a registered business entity (and is, therefore, likely a sole proprietorship. Clearly show that the individual will be served in the individual owner's name. For example:

John Doe DBA Acme Rental Austin, Texas 78787

Verify the following information with the SOS:

the name and address of the corporation, limited partnership, or other registered business entity;
the status of the entity;
the name and address of a registered agent for service and the officers or manager of the entity (officers or managers may be served if there is difficulty serving the registered agent); and
the name and address of an entity operating under an assumed name. This information is also available through direct access with the SOS, and through Internet subscription accounts.

Information on service of citation to banks and governmental bodies is given in of the Eminent Domain Guide.

If the owner is a general partnership, obtain a copy of the partnership agreement to determine if there is a managing partner who is designated to receive service. Note: General partnerships are not listed with the SOS.

If (1) a copy of a partnership agreement cannot be obtained and (2) title to the property is held in a specific partnership name, then serve one of the general partners. All of the general partners do not need to be served unless the title is held in each partner's name

and

in the partnership.

Clearly show whether any of the owners are unknown or cannot be located since OAG includes documents to secure citation by publication. When proceedings are filed, a TxDOT representative signs an Affidavit for Citation by Publication. This affidavit states that the owners, or their location, are still unknown after a diligent search. Refer to for locating owners.

TxDOT personnel cannot make service of citation by publication and administer the return. Legally this can only be done by the county sheriff or a constable in the county in which the property interest is located. TxDOT personnel may assist by arranging for the publication, scheduling the timing with the newspaper, picking up the newspaper clippings, and obtaining the affidavit of the publisher for delivery to facilitate the return. Additional instructions for citation by publication can be found in of the Eminent Domain Guide.

When a sign or billboard belongs to the fee owner, make note in the “Remarks” section.

If any person or entity to be joined is in bankruptcy, indicate this in the Remarks section. Additional information required is listed on the in the Eminent Domain Guide. An Order to Lift Stay should be obtained before proceeding with the condemnation suit. OAG should provide assistance on how to proceed, and will prepare additional court documents that must be filed with the bankruptcy court.

For service of process and notices on someone other than the named property owner(s), TxDOT must receive either (1) a power of attorney instrument specifically authorizing the acceptance of service of process by the attorney in fact, or (2) a letter from the party asking that TxDOT make service of process to their attorney or their designated agent for service of process.

If TxDOT has received written notice a property owner is represented by counsel, the TxDOT must also concurrently provide a copy of the petition it files to the property owner's attorney by first class mail, commercial delivery service, fax, or e-mail. This contact information should be provided alongside the fee owner's service information in the form .