State Intervention in Eminent Domain

TxDOT has the right to become a party to ED proceedings at any time or stage and for all purposes, including the right of appeal. Any determination by the ROW Program Office to intervene should be made in a timely manner to give OAG time to prepare and file a written notice of appeal within the period allowed by statute, as outlined in
Actions to be Taken
by State on Commissioner's Award and Filing of Objections.
The immediate information needed to prepare an appeal on behalf of the State is as follows:
  • style of the case;
  • the docket number;
  • the court in which the case is pending; and
  • the amount and date of the filing of the written award by the special commissioners.
Send this information along with TxDOT’s recommendation of intervention.
When it is determined that TxDOT will intervene, submit the following items to the ROW Program Office so that OAG can represent the State:
  • One ROW map for OAG;
  • Three copies of each property description for the parcel(s) involved;
  • Title policy commitment or Attorney's Certificate with attached statement that the parties before the court are all that are necessary and no other parties need be joined (The basis of this statement should be a recheck of the records to determine if a conveyance of all or any of the property has been made after the previous examination, and a review of the court proceedings to safeguard against any possible omissions.);
  • Recommendation of the appraiser or other witnesses on valuation for testimony in court proceedings. It will speed the acquisition of ROW if the recommendation is supported by comments from TxDOT.