Condemnation Support. Developer shall support condemnation efforts as directed by TxDOT and further delineated as follows: 1. Notify TxDOT of any potential condemnation and document the reason(s) for condemnation including recommendations for property closure. 2. Conduct all applicable eminent domain-condemnation activities in accordance with the policies and procedures as described in the TxDOT Right of Way Manual, Volume 4: "Eminent Domain "; in the TxDOT Appraisal and Review Manual, Chapter 6 "Eminent Domain-State Acquisition" or as revised; and in Chapter 21, Texas Property Code. 3. After non-response or upon receipt of a copy of the rejected final offer from a property owner or other property right holder entitled to compensation, request an updated title report from the title company issuing the original title commitment. 4. Provide to TxDOT, within ten Days following non-response or rejected certified mailing, notification thereof together with a signed and sealed parcel description and parcel plat, and a bisection clause and access clause, if necessary, with the clauses attached to a property exhibit containing the parcel description and parcel plat. 5. Use the information from the title report to join all parties having a property interest on applicable TxDOT form. Spouses of property holders with compensable rights must also be joined. 6. Upon completion of TxDOT Form ROW-E-49 – Request for Eminent Domain Proceedings, prepare a condemnation packet containing two copies each of the following documents: the completed TxDOT form, negotiation logs, the updated title report not more than 90 Days old, appraisal receipt acknowledgment, pre-appraisal contact sheet, signed and sealed field notes, parcel sketch, bisection clause and access clause exhibits (if necessary), final offer letter reflecting latest appraisal, complete minute order request form (form to be provided by TxDOT), any correspondence sent by Xxxxxxxxx or from the owner of the compensable interest or representatives, one copy of the appraisal report not more than 90 Days old, and proof of good faith negotiations. Submit two complete condemnation packets to TxDOT’s ROW Administrator. 7. Send a copy of the complete petition to the title company and confirm with the title company that the appropriate parties were joined in the case and that no changes in title have occurred since the original litigation guaranty was issued. 8. File the petition for condemnation with the appropriate court clerk after a determination that a timely settlement is not feasible. 9. Coordinate and provide legal and technical support to the Attorney General’s office, as required to facilitate filing the petition, assignment of a court, and setting of a hearing date. 10. Make available to TxDOT on behalf of the Attorney General's office an agent who will be expected to assist in making arrangements for conferences with witnesses prior to trial, filing the condemnation petition, informing the Attorney General's office as to the filing date of the petition and the case number assigned to the suit, and perform any other duties which will assist in the successful prosecution of the suit, including his or her attendance in court and filing necessary documents to complete all eminent domain proceedings. 11. Depending on the market conditions or if over six months have elapsed since the date of the initial offer, contact the attorney handling the case for TxDOT and confer about the advisability of preparing an updated appraisal. If it is determined that an updated or new appraisal is necessary or desirable, obtain such appraisal using the same procedures as described in Section 7.3.5.1 - Appraisal Services above. Developer must also undertake appraisal review as described in Section 7.3.5.
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Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Condemnation Support. Developer shall support condemnation efforts as directed by TxDOT and further delineated as follows:
1. Notify TxDOT of any potential condemnation and document the reason(s) for condemnation including recommendations for property closure.
2. Conduct all applicable eminent domain-condemnation activities in accordance with the policies and procedures as described in the TxDOT Right of Way Manual, Volume 4: "Eminent Domain "; in the TxDOT Appraisal and Review Manual, Chapter 6 "Eminent Domain-State Acquisition" or as revised; and in Chapter 21, Texas Property Code.
3. After non-response or upon receipt of a copy of the rejected final offer from a property owner or other property right holder entitled to compensation, request an updated title report from the title company issuing the original title commitment.
4. Provide to TxDOT, within ten Days following non-response or rejected certified mailing, notification thereof together with a signed and sealed parcel description and parcel plat, and a bisection clause and access clause, if necessary, with the clauses attached to a property exhibit containing the parcel description and parcel plat.
5. Use the information from the title report to join all parties having a property interest on applicable the TxDOT form. Spouses of property holders with compensable rights must also be joined.
6. Upon completion of TxDOT Form ROW-E-49 – Request for Eminent Domain Proceedings, prepare a condemnation packet containing two copies each of the following documents: the completed TxDOT form, negotiation logs, the updated title report not more than 90 Days old, appraisal receipt acknowledgment, pre-appraisal contact sheet, signed and sealed field notes, parcel sketch, bisection clause and access clause exhibits (if necessary), final offer letter reflecting latest appraisal, complete minute order request form (form to be provided by TxDOT), any correspondence sent by Xxxxxxxxx or from the owner of the compensable interest or representatives, one copy of the appraisal report not more than 90 Days old, and proof of good faith negotiations. Submit two complete condemnation packets to TxDOT’s ROW Administrator.
7. Send a copy of the complete petition to the title company and confirm with the title company that the appropriate parties were joined in the case and that no changes in title have occurred since the original litigation guaranty was issued.
8. File the petition for condemnation with the appropriate court clerk after a determination that a timely settlement is not feasible.
9. Coordinate and provide legal and technical support to the Attorney General’s office, as required to facilitate filing the petition, assignment of a court, and setting of a hearing date.
10. Make available to TxDOT on behalf of the Attorney General's office an agent who will be expected to assist in making arrangements for conferences with witnesses prior to trial, filing the condemnation petition, informing the Attorney General's office as to the filing date of the petition and the case number assigned to the suit, and perform any other duties which will assist in the successful prosecution of the suit, including his or her attendance in court and filing necessary documents to complete all eminent domain proceedings.
11. Depending on the market conditions or if over six months have elapsed since the date of the initial offer, contact the attorney handling the case for TxDOT and confer about the advisability of preparing an updated appraisal. If it is determined that an updated or new appraisal is necessary or desirable, obtain such appraisal using the same procedures as described in Section 7.3.5.1 - (Appraisal Services Services) above. Developer must also undertake appraisal review as described in Section 7.3.57.3.5.2 (Appraisal Review).
12. Coordinate with TxDOT on behalf of the Attorney General as to land planners and/or other expert witnesses as required by the Attorney General. Developer, at its cost, shall provide the land planner or other expert at the request of TxDOT or the Attorney General. The land planner or other expert report, if required, shall be completed and forwarded to the appraiser before the updated appraisal is completed.
13. Appear or provide for the appearance of expert witness(es) or fact witness(es) when requested by TxDOT or the Attorney General’s Office. The appearances may include pre-commissioner's hearing preparations, special commissioner's hearings, and subsequent proceedings including jury trials and related proceedings.
14. Submit the updated appraisal to TxDOT and the attorney handling the case for TxDOT for review and approval, which review and approval shall occur within ten Business Days of receiving the updated appraisal. TxDOT and Developer must approve any revised offer in writing prior to an offer letter being sent. If a revised offer is approved, prepare a final offer letter, make the revised offer to the property owner or other holder of a compensable interest, as applicable, and submit a copy of the final offer letter to TxDOT for written approval.
15. Communicate with TxDOT as to the parcel status on a monthly basis and in the Project progress report or as requested by TxDOT.
16. Serve in person, a "Notice of Hearing" at least 11 Days prior to the date of the special commissioners' hearing or other hearings and notice requirements as directed or authorized by the court.
17. Call and send reminders letter two to three weeks in advance of any hearing to the assigned attorney, engineer, technical experts, appraiser, the commissioners, court reporter, and TxDOT's ROW Administrator concerning hearing dates.
18. Upon completion of the hearing, prepare TxDOT Form ROW-E-73 – Data Sheet – Special Commissioners Hearing and commissioners' time sheets. Developer shall make payment to all commissioners involved in the hearing and include payment for commissioners as part of general Project ROW services.
19. Coordinate and provide support to TxDOT's counsel and facilitate distribution of copies of award, prepare request for payment, and file notice of deposit. Developer shall coordinate with TxDOT on behalf of the Office of the Attorney General regarding expert witnesses needed to testify on behalf of the State at the special commissioners’ hearing and subsequent proceedings including jury trials. At the request of the Office of the Attorney General or TxDOT, Developer shall provide and pay for all necessary expert witnesses including: engineering, land planners, real estate consultants, cost estimators, outdoor advertising sign experts and environmental consultants and Developer shall appear as expert witness or fact witness, as requested. Developer shall also make any Contractors available to appear as an expert witness or fact witness, as requested at the special commissioners' hearing or subsequent proceedings. The selection of all expert witnesses to be used for jury trials shall be determined by the Attorney General’s Office.
20. Schedule and pay for all court reporter services, transcription costs, expert witness fees, exhibits, and exhibit workbooks as directed by TxDOT. All documents and exhibits used in the special commissioner’s hearings shall be submitted to TxDOT within 20 Days after completion of such hearing.
21. Be responsible for coordinating the pre-hearing meeting with TxDOT on behalf of the Attorney General’s office and all others required for testimony or exhibit preparation.
22. Timely file and provide proper service of objections if requested by TxDOT after completion of the special commissioner’s hearing and promptly provide evidence of filing and copies of all filed documents to TxDOT. Within three days after objections have been filed, Developer, at its cost, shall order transcripts of such hearing.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Condemnation Support. Developer shall support condemnation efforts as directed by TxDOT and further delineated as follows:NO NO a) Pre-Hearing Support
1. Notify TxDOT of any potential condemnation and document the reason(si) for condemnation including recommendations for property closure.
2. Conduct all applicable eminent domain-condemnation activities in accordance with the policies and procedures as described in the TxDOT Right of Way Manual, Volume 4: "Eminent Domain "; in the TxDOT Appraisal and Review Manual, Chapter 6 "Eminent Domain-State Acquisition" or as revised; and in Chapter 21, Texas Property Code.
3. After non-response or upon Upon receipt of a copy of the rejected final offer from a property owner or other property right holder entitled to compensationoffer, request an updated title report commitment for Eminent Domain from the title company issuing Title Company.
ii) Prepare a Bisection Clause for the original title commitment.set of Legal Descriptions supplied by Surveyor if applicable
4. Provide to TxDOT, within ten Days following non-response or rejected certified mailing, notification thereof together with a signed and sealed parcel description and parcel plat, and a bisection clause and access clause, if necessary, with the clauses attached to a property exhibit containing the parcel description and parcel plat.
5. iii) Use the information from the title report Title Commitment to join all interested parties having a property interest on applicable TxDOT formthe necessary forms. Spouses of property holders with compensable rights owners must also be joined.. Services Provided By: ENGINEER COUNTY
6. iv) Upon completion of TxDOT Form ROW-E-49 – Request for Eminent Domain Proceedingsthe necessary forms, prepare a condemnation packet containing two 2 copies each of the following documents: the completed TxDOT formTitle Commitment, negotiation logsNegotiator’s Reports, the updated title report not more than 90 Days oldAppraisal Acknowledgment, appraisal receipt acknowledgment, pre-appraisal contact sheetPreappraisal Contact Sheet, signed and sealed field notesproperty description, parcel sketchand plat, bisection clause and access clause exhibits (if necessary), final offer letter reflecting latest appraisal, complete minute order request form (form to be provided by TxDOT)Final Offer Letter, any correspondence sent by Xxxxxxxxx or from the land owner of the compensable interest or representatives, along with one copy of the appraisal report not more than 90 Days oldreport. Submit packet to the COUNTY Office for submission to the COUNTY Attorney’s office.
v) Upon receipt of concurrence for the Appraisal Witness, request the update of appraisal.
vi) Upon receipt of packet prepared by the COUNTY Attorney which will include Petition for Condemnation, Lis Pendens, Order Appointing Special Commissioners, Order Setting Hearing, Oath of Special Commissioner, and proof Notice of good faith negotiations. Submit two complete condemnation packets Hearings, developed by the COUNTY Attorney; the attorney shall file the original petition with the COUNTY Court at Law or other appropriate Court for a cause number to TxDOT’s ROW Administratorbe assigned.
7. Send vii) The COUNTY attorney shall file the Lis Pendens including the cause number with the COUNTY Clerk’s Office.
viii) Upon assignment of a court, the COUNTY Attorney shall file the Order Appointing Commissioners with the judge retaining a copy of the complete Order for the files.
ix) Following appointment of Special Commissioners by the judge, the COUNTY shall secure the following documents: Oath of Commissioners signed by the Commissioners, Order Setting Hearing, 2 copies of the Notice of Hearing signed by the Commissioners.
x) The COUNTY shall file all originals with the court and send copies marked “copy” to L & G Engineering.
xi) The COUNTY Attorney shall send a copy of the petition to the title company and confirm with Title Company so that the title company that Title Company can make sure the appropriate parties were joined in the case and that no changes in title have occurred since the original litigation guaranty was issuedoccurred.
8xii) The COUNTY Attorney shall set the Special Commissioners Hearing after the updated appraisal has been submitted, if there is no change in value. File If there is an increase in value, COUNTY will approve the petition for condemnation new value and the COUNTY’s provider will present a revised offer and a final offer letter and submit a copy of the final offer letter.
xiii) The COUNTY Attorney shall coordinate a pre-hearing conference prior to the hearing (the day before or earlier) to discuss facts of the case with the appropriate court clerk after a determination that a timely settlement is not feasibleCOUNTY, Appraiser, and Negotiator.
9. Coordinate and provide legal and technical support xiv) After the hearing is set, the COUNTY Attorney shall serve Notices of Hearing to the Attorney General’s office, as required to facilitate filing the petition, assignment of a court, and setting of a hearing date.
10. Make available to TxDOT on behalf of the Attorney General's office an agent who will be expected to assist in making arrangements for conferences with witnesses indicated parties at least 11 days prior to trial, filing the condemnation petition, informing the Attorney General's office as to the filing date of the petition and the case number assigned to the suit, and perform any other duties which will assist in the successful prosecution of the suit, including his or her attendance in court and filing necessary documents to complete all eminent domain proceedings.
11. Depending on the market conditions or if over six months have elapsed since the date of the initial offer, contact the attorney handling the case for TxDOT and confer about the advisability of preparing an updated appraisalCommissioner’s hearing. If it is determined necessary to join the Federal Government, be advised that they have an updated or new appraisal is necessary or desirableadditional 60 days to prepare for the Hearing.
xv) Once the notices have been served, obtain such appraisal using the same procedures as described COUNTY Attorney shall file the original notices with the court and send copies stamped “copy” to L&G Engineering ROW Office.
xvi) The COUNTY’s Attorney shall send a reminder letter 2-3 weeks in Section 7.3.5.1 - Appraisal Services above. Developer must also undertake appraisal review as described in Section 7.3.5advance to the COUNTY Administration offices, Acquisition Provider, the three special commissioners and court reporter concerning Hearing dates.
Appears in 1 contract
