Section 3: Acquisition Procedures for Federal Lands (for LPA)Anchor: #i999468
At the request of an LPA, the Department will assist in the negotiation for needed right of way across Federal land. If Department assistance is requested, procedures and submission requirements contained in Regulations Governing Acquisition of Federal Lands for Federal Lands are applicable.
The LPA should negotiate directly with Federal agencies, unless the Federal agency requests negotiations be handled through application with FHWA.Anchor: #i999487
Property Adjustment Work on Federal Lands (by LPA)
If a Federal agency requests property adjustments in lieu of cash payment for a right of way taking, the adjustments are performed by the LPA, except when TxDOT performs work as an integral part of the highway facility, as with stock pass construction.
An approved parcel value is obtained as the necessary yardstick to set State cost participation limits. Agreement must be reached with the agency for adjustments to be performed. To assure State cost participation, the LPA must not make a commitment to the Federal agency without prior TxDOT approval. The State can participate in adjustments necessitated by the highway improvement.
If the Department assists in negotiations, a description of the adjustments and a firm commitment that the LPA will perform them is required. The LPA may elect to move buildings, fences, and other improvements from the right of way parcel and build fences along the right of way under authority granted in the contract for handling right of way parcels.
If the requested work is of a nature not authorized for State cost participation by the contract, preliminary sketches, cost estimates, and work descriptions must be submitted for TxDOT approval. This constitutes the basis for a cost agreement between the LPA and TxDOT as established by a predetermined lump sum value. This agreement authorizes the work as a supplement to the contract, and provides for lump sum cost participation (1) according to right of way fencing procedure if the LPA does the work, or (2) according to stock pass procedure if TxDOT does the work.