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Section 4: Fencing Procedure (for LPA)

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The local public agency (LPA) will handle right of way fencing in the manner previously established in the approved value.

When right of way or other fencing will be part of the cash consideration paid to the property owner, or will be handled as a property adjustment required by the right of way taking, the appraised value of this fencing is included in the approved value. See the above section for procedures on jointly owned fences.

The LPA may elect to perform right of way fencing on an actual cost or lump sum basis as a part of the total right of way consideration. In this case, neither value for existing fences whose utility is restored by the new right of way fence, nor damages for an unfenced condition are to be included in the approved property owner payment value.

When right of way fencing will be performed on a lump sum or actual cost basis, the type of fence constructed will be limited to that normally constructed by the LPA, or to the type of fence being replaced. If fencing is accomplished as a property adjustment, the fence type constructed is a matter between the LPA and the property owner. TxDOT's financial participation will be the approved value, less any retention.

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