Section 3: Cost Participation

43TAC Sections 15.50 - 15.56 also describes procedures governing the implementation of cost participation between TxDOT, an LG and/or the Federal government. Section 15.55 contains a chart that shows participation percentages of an LG, Federal government and/or TxDOT for all aspects of a highway improvement project, up to and including ROW acquisition. The participation percentages are divided by the category of funding for the project as provided in the Unified Transportation Program. A summary of categories of the Unified Transportation Program can be found in TxDOT's Transportation, Planning and Programming Manual.

State statutes provide that when acquiring right of way to be used for Commission approved transportation projects and in cooperation with the LG, TxDOT will pay to the LG not less than 90 percent of the value of the ROW or the net cost of the ROW, whichever amount is less. Minute Order No. 80312 states that the participation percentage on ROW acquisition projects will be a State contribution of 90% and a 10% contribution by the LG. Any change to the percentage must be approved by the Commission.

If the acquisition is by eminent domain, the participation by TxDOT will be based on the final judgment if TxDOT has been notified in writing before the filing of the suit and given prompt notice as to all action taken in the suit.

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