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Section 5: Approval of Advance Acquisition (for State)

Process

Federal regulations, and TxDOT policy and procedure, necessitate the foregoing requirements. However, fulfilling these requirements is not merely a matter of documentation. TxDOT personnel must possess personal knowledge of the situation in all advance acquisition cases to complete submissions properly and to answer possible additional questions.

A district wanting to use advance acquisition on a parcel, or on a project, submits a request from the District Engineer to the Chief Engineer and copies relevant division personnel (TPP, ROW, and FIN). The Chief Engineer reviews the request or delegates the decision as he sees fits. The Chief Engineer can also request information or opinions from various divisions as needed. If approved, the district and various divisions are informed and the project or parcel is given full authority to proceed with the right of way acquisition process.

When advance acquisition is approved, the ROW Program Office will issue a formal release relating to the specific advance acquisition parcel(s). TxDOT may then proceed with the advance acquisition.

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Reimbursement

If Federal-aid reimbursement is made for real property interests acquired early and the real property interests are not subsequently incorporated into a project eligible for surface transportation funds within twenty years following the fiscal year in which the request is made, FHWA will offset the amount reimbursed against funds apportioned to the State. See 23 CFR 710.501(g).

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