Section 30: Acquisition of TxDOT Employees' Property (for State and LPA)

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Procedures

When property owned by TxDOT employees or officials is required for right of way, standard procedures are followed in appraising, securing approved values, and offering to negotiate. However, to prevent unjust accusation of collusion, it is desired that such employees and officials refuse to negotiate. Thereby, proper compensation is determined through ED proceedings, as set forth in Minute Order No. 43775.

This is in no way an attempt to take away a person's constitutional right to sell his property, if he so chooses, and it establishes no hard and fast rule. It is simply intended that TxDOT personnel be aware of the Commission's views, and that both the individual and those responsible for the review of right of way values have prior notice that the Commission, as well as the administration, would prefer such property be acquired through ED proceedings.

There will be no sanction imposed on the individual, if, after having knowledge of the foregoing interpretation of Minute Order No. 43775, he elects to sell his property and, after the review, all is found in order. The minute order was designed to discourage anyone within TxDOT from speculating on right of way.

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