Section 3: General Requirements for Advance Acquisition (for State)
Anchor: #i999820Requirements
If the project is not developed through the usual prerequisites for project release and the right of way map is not completed, the District must determine that each advance acquisition parcel will be part of the required right of way. After this determination is made, forward a segment of the schematics, or right of way map with the specific numbered parcel(s) clearly marked, to the ROW Division. The ROW Division must have one of these basic maps to relate advance acquisition parcels to the design of the overall project. When this approval is obtained, request the usual prerequisites of release for the advance acquisition parcels through the ROW Division.
When Federal funds are involved, Federal regulations make provision for advance acquisition in extraordinary cases or emergency situations prior to completion of processing of the final environmental impact statement, or adoption of the negative declaration, if this action is found to be in the public interest. TxDOT will not usually use advance acquisition. Any Federal participation in advance acquisition costs will depend on the property being in the final highway right of way. Advance acquisition will not influence the environmental assessment of a project, a decision regarding the need to construct the project, or selection of a specific location.
In recommending advance acquisition, give consideration to the ability to secure possession after procurement, since acquisition under these conditions could be far in advance of a need for right of way. Also, if the owner is not willing to accept the offer in negotiation, it will be necessary to acquire by condemnation without delay unless the property owner withdraws his request for early acquisition.
Submissions for advance acquisition must contain the following information:
- the status of environmental impact statement development
- justification for the preferred alignment
- the estimated date for normal right of way acquisition authorization
- an appropriate segment of the schematic or right of way map, or a sketch of the parcel involved
- the date on which TxDOT made a public announcement of the preferred location or the status of the public hearing, if Federal funds are involved.