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Section 21: Encroachments (for State)

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Procedure

When a right of way encroachment is discovered, whether in a project area or not, it must be addressed to comply with State law. Specifically, it is against State law for an encroachment to exist without formal agreements with the owner of the encroachment. Options to comply with State law are: (1) remove the encroachment; (2) sell the encroached right of way to the owner of the encroachment; or (3) lease the encroached right of way to the owner of the encroachment. To address these requirements, the Department should work with the ROW Program Office in Austin, with copies of information sent to the Construction, Maintenance, and Design Divisions. For Federal projects, FHWA must approve all encroachments, per 23CFR §1.23.

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