Condemnation Process

Back to Phase III, Task 6

Steps in the Eminent Domain Process Involving Public Works

• Project Engineer and acquisition agent meet with Law Department to discuss project and review requirements for condemnation.

• Project Engineer provides the following to Law Department. All legal descriptions, title work, lienholders, and parties in possession shall be provided to Law in a computer-ready format (i.e.: Word, Access or Excel).

1. Legal descriptions, verified by PW staff, of the necessary takings (temporary construction easements, permanent right of way easements, permanent drainage easements, sidewalk easements, utility easements).
2. Legal description of each tract from which the easements are to be taken.
3. Current title work (no more than two to three months old) including ownerships, mortgage holders, easement and lienholders, and parties in possession, along with addresses of same.
4. 8 1/2" x 11" color map of each tract showing the takings.
5. Copy of the survey and description of the land or interest to be condemned, after it is filed with the City Clerk.

• Project Engineer shall meet with Law Department to review the eminent domain petition and determine length of temporary construction easements and other information particular to the project for which easements are being acquired. City Engineer verifies petition.

• Project Engineer shall attend eminent domain and appraiser's hearings, with project plans, and be ready to explain project and review plans with judge, property owners and appraisers.

• Project engineer shall stake tracts prior to appraiser's hearing to show what is being taken.

• Project engineer shall attend viewing with appraisers in order to answer field questions.

• After appraiser's report is filed, Director of Public Works and City attorney shall sign off on awards and fees, after consultation with project engineer, prior to Finance Department issuing award and fee check to District Court.