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Section 3: Acquisition of Replacement Lands (Federally funded projects)

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For State and LPA

FHWA may require the purchase, outside of the right of way, of replacement land for certain types of property acquired for the right of way. The extent of replacement land purchased depends on the specific mitigation commitments made in the project's environmental document. 23 CFR 771.135 may require replacement land for a right of way acquisition from a significant publicly owned park, recreation area, wildlife and waterfowl refuge, or any significant historic site. 23 CFR 777.9 may require replacement land for privately owned wetlands acquired for right of way. In addition to the above, refer to Transportation Code, Sections 201.617 and 203.051.

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