Chapter 3: Early Acquisition of Right of Way

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Section 1: Types of Early Acquisition (for State)

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Early acquisition is defined as right of way acquisition that occurs before normal release for acquiring right of way is given on a transportation project. Examples of early acquisition include the following:

  • Hardship acquisition is early acquisition of a parcel on a right of way project at the property owner's request to alleviate particular hardship to the owner. This does not include hardship due solely to an inability to sell the property.
  • Protective buying is early parcel acquisition to prevent imminent parcel development that would materially increase right of way costs, or tend to limit the choice of highway alternatives. The parcel must be needed for a proposed transportation project.
  • Donation is the acquisition of land for right of way purposes for no consideration, and such acquisition must be in accordance with the provisions of Right of Way Donations and Exchanges and Additional Requirements for Submissions for Early Acquisition through Donation (for State).

Note: Early acquisition as defined above should always be distinguished from the acquisition of options, as permitted in Transportation Code §202.111 through §202.114. The option process is defined as “advance acquisition” in §202.111.

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