Mark the blank for Category I or Category II bisection or mark the blank "None Involved," as appropriate.

Category I bisection exists when the improvement is located partially in the acquisition area and partially on the remainder property, but the portion (of the improvement) on the remainder property

cannot

be reconstructed to economically restore utility. For example, the proposed ROW line cuts through the improvement so that the portion (of the improvement) remaining on the remainder property cannot be structurally or economically reconstructed (as to the latter, the cost to cure damages to the portion of the improvement located on the remainder property cannot exceed the damages the owner would suffer if the damage was not cured). In such instances, the State should acquire the entire improvement. Also, the State must have the right to enter the remainder property to remove the improvement. For all Category I bisections, attach an appropriate clause (written by TxDOT) to the RPLS-sealed property descriptions used to obtain the minute order authorization for ED proceedings.

Category II bisection exists when the improvement is located partially in the acquisition area and partially on the remainder property, but all or the portion of the improvement on the remainder property

can be

reconstructed to economically restore the utility. The State should acquire either 1) only that portion of the improvement located in the new ROW, or 2) as much of the remaining improvement as is needed to make a safe cut of the improvement beyond the ROW line. For item 1, a temporary right of entry (to cut the improvement at the ROW line) may be required. For item 2, attach the following to the RPLS-sealed property descriptions and parcel plats (used to obtain the minute order authorizing ED action): (a) a clause that includes a temporary right of entry and (b) a specific and locatable description of the cut line location. For Category II bisections, TxDOT determines if entry on the remainder property is necessary and prepares the appropriate clause.

Instruction for preparing these clauses is in of the Eminent Domain Guide.