Negotiations and Condemnation Proceedings Relative to the Acquisition of Project ROW. (a) Negotiations for any Project ROW shall be undertaken as set forth in the Contract Documents, including Section 7 of the Technical Provisions. Developer shall obtain TxDOT’s approval of any offer to be extended to an owner of any interest in Project ROW prior to making such offer, in accordance with Section 7 of the Technical Provisions. Developer shall notify TxDOT in writing, for its concurrence, of the failure of negotiations with respect to the acquisition of any parcel included in the Project ROW and shall submit to TxDOT for approval a Condemnation Package for the parcel as described in Section 7.3.6 of the Technical Provisions. TxDOT shall have 10 Business Days either to:
(i) approve the Condemnation Package or (ii) provide its comments or request for additional information to Developer if TxDOT determines that the Condemnation Package is incomplete or otherwise deficient. Developer shall incorporate any suggested changes and provide any additional information requested by TxDOT and shall resubmit the Condemnation Package to TxDOT for review and approval. TxDOT shall have 10 Business Days to approve or provide comments to Developer on any resubmittals.
(b) Condemnation proceedings for any Project ROW will be brought by TxDOT within a reasonable time following approval by TxDOT of a complete Condemnation Package for the parcel as described in Section 7.4.4 of the Technical Provisions. TxDOT will deliver the petition for the parcel to Developer within 105 days from the date of approval of the Condemnation Package. TxDOT will provide the payment for the parcel within 45 days from the date the special commissioners’ award is filed with the court. At no additional cost to TxDOT, Developer shall cooperate in all respects with TxDOT and shall cause all expert witnesses, appraisers, surveyors, land planners and other consultants utilized by Developer in connection with the acquisition of the Project ROW subject to condemnation to be available to and assist TxDOT in connection with the condemnation proceedings, including discovery, depositions, pre-hearing preparation and special commissioner’s hearing. Counsel engaged for final settlement or condemnation proceedings shall be from the State Attorney General representing TxDOT.
(c) Except as provided in Section 3.12.4(f), delays to the Critical Path due to failure of TxDOT to make available the portion of Schematic ROW, or any TxDOT Additional Properties that must be acquired due to a TxDOT-Directed Change...
Negotiations and Condemnation Proceedings Relative to the Acquisition of Project ROW. 6.5.1 Negotiations for any Project ROW shall be undertaken as set forth in the
Negotiations and Condemnation Proceedings Relative to the Acquisition of Project ROW. 6.5.1 Negotiations for any Project ROW shall be undertaken as set forth in the CDA Documents, including Section 7.4.1
Negotiations and Condemnation Proceedings Relative to the Acquisition of Project ROW. 6.5.1 Negotiations for any Remaining Project ROW shall be undertaken as set forth in the Contract Documents, including Section 7.4.1 of the Technical Provisions. DB Contractor shall obtain TxDOT’s written approval of any offer to be extended to an owner of any interest in Remaining Project ROW prior to making such offer, in accordance with Section 7.3.6
