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Manual Notice
| ROW Vol. 2 - Acquisition |
TxDOT Manual System
♦
Manual Notice 2006-2
►
1.
Administrative Requirements Preliminary to Formal Release for Right of Way Acquisition
►
1.
Delineation between Right of Way Acquisition and Preliminary Engineering
♦
ROW CSJ Costs Versus Construction CSJ Costs
►
2.
Requesting a ROW CSJ
♦
Procedures
►
3.
Federal Program Authorization and Agreement
♦
Overview
♦
Procedures
►
4.
Schematic Layout for Transportation Project
♦
Process
►
5.
Environmental Clearance
♦
Process
►
6.
Public Involvement (Public Hearing)
♦
Process
►
7.
ROW Division Formal Release for Right of Way Acquisition
♦
Determination of Eligibility
►
8.
Federal Project Numbers on Records
♦
Requirement
►
2.
Types of Project Releases
►
1.
Release Types
♦
Overview
♦
Advance Acquisition (Hardship, Protective Buy, and Donation)
♦
Request Limited Release for Utility Investigation
♦
Request for Limited Release for Appraisal Work Only
♦
Request for Partial Release
♦
Request for Full Release
♦
Request Limited Release for Relocation Assistance Only
♦
Request Limited Release for Utility Work Only
♦
Request for Release for Preliminary Engineering
►
2.
Release for Right of Way Acquisition
♦
Additional Release Requirements
►
3.
Release for Advance Acquisition
♦
Procedures
►
3.
Advance Acquisition of Right of Way
►
1.
Types of Advance Acquisition (for State)
♦
Definition
►
2.
Policy on Advance Acquisition (for State)
♦
Policy
►
3.
General Requirements for Advance Acquisition (for State)
♦
Requirements
►
4.
Additional Requirements for Hardship Acquisition Submissions (for State)
♦
Requirements
►
5.
Additional Requirements for Protective Buying Submissions (for State)
♦
Requirements
►
6.
Additional Requirements for Submissions for Advance Acquisition through Donation (for State)
♦
Requirements
►
7.
Approval of Advance Acquisition (for State)
♦
Process
►
8.
Advance Acquisition of Right of Way for LPA
♦
Requirements
►
4.
Administrative Requirements after Formal Release for Right of Way Acquisition
►
1.
Overruns of Estimated Right of Way Cost
♦
Process
►
2.
State Cost Participation in LPA Right of Way Acquisition
♦
Statutory Authority (for State) Cost Participation
♦
Commission Authorization for Right of Way Project Eligibility
♦
Rules and Regulations Governing State Cost Participation
♦
LPA Option (for State) Right of Way Acquisition
►
3.
Effect of Approved Values on Authorized Right of Way Funds
♦
Process
►
4.
Conversion of Right of Way Projects from State Funded to Federal
♦
Application of Conversion of Costs
♦
Conversion Procedures
♦
Payment Obligations and Date of Legal Obligation to Pay
►
5.
Credits to Match Federal Funds
♦
Federal Funds Authorized for Right of Way
♦
Federal Funds Not Authorized for Right of Way
♦
Method of Credit
►
5.
Right of Way Property Acquisition
►
1.
Right of Way Property Acquisition Policies and Procedures
♦
Basic Acquisition Responsibilities (for State)
♦
Basic Acquisition Responsibilities (for LPA)
►
2.
District's Monitoring of LPA Acquisition
♦
Procedure
►
3.
Informational Notice to Owners Required (for State and LPA)
♦
Procedure
►
4.
Pre-appraisal Contact
♦
Procedure
►
5.
Establishment of Just Compensation Required (for State and LPA)
♦
Procedure
►
6.
Policies on Appraisal and State Acquisition of Improvements (for State)
♦
Policy
►
7.
Policies on Appraisal and State Acquisition of Improvements (for LPA)
♦
Policy
►
8.
Written Offer to Purchase Required (for State)
♦
Procedure
►
9.
Written Offer to Purchase Required (for LPA)
♦
Procedure
►
10.
Owner Retention of Improvements (for State and LPA)
♦
Procedure
►
11.
Negotiation Contacts and Reports (for State)
♦
Procedure
►
12.
Negotiation Contacts and Reports (for LPA)
♦
Procedure
►
13.
Updating Offer of Just Compensation (for State and LPA)
♦
Procedure
►
14.
Reopening of Negotiations after Eminent Domain Proceedings Have Been Initiated (for State and LPA)
♦
Procedure
►
15.
Control of Access Rights (for State and LPA)
♦
Procedure
►
16.
Policy on “Uneconomic Remainders” (Excess Takings) (for State)
♦
Policy
►
17.
Policy on “Uneconomic Remainders” (Excess Takings) (for LPA)
♦
Policy
►
18.
Overlooked Items in Property Valuation (for State)
♦
Procedure
►
19.
Change in Property Status during Negotiations (for State)
♦
Procedure
►
20.
Adverse Possession Involved in Acquisition (for State)
♦
Procedure
►
21.
Encroachments (for State)
♦
Procedure
►
22.
Acquisition of Undivided Interests in Property Acquired (for State)
♦
Procedure
►
23.
Acquisition of Separate Easement Interests (for State)
♦
Procedure
►
24.
Acquisition of Leasehold Interests (for State)
♦
Procedure
►
25.
Information for Income Tax Purposes for Property Owners (for State)
♦
Procedure
►
26.
Information for Income Tax Purposes for Property Owners (for LPA)
♦
Procedure
►
27.
Rest Areas (or Roadside Parks) (for State)
♦
Procedure
►
28.
Irrigation and Drainage Canals (for State and LPA)
♦
Procedure
►
29.
Cemeteries (for State)
♦
Procedure
♦
Impact Categories
►
30.
Acquisition of TxDOT Employees' Property (for State and LPA)
♦
Procedures
►
31.
Requesting Federal Assistance in Acquiring Private Property (for State)
♦
Procedure
►
32.
Administrative Settlements (for State)
♦
Procedure
►
33.
Guidelines for the Administrative Settlement (for LPA)
♦
Procedure
►
6.
Right of Way Donations and Exchanges
►
1.
Overview
♦
For State
►
2.
Legal Requirements to Accept Donation (for State)
♦
Statutory Requirements
♦
Rules Requirements
►
3.
Exchanges (for State)
♦
Procedure
►
4.
Procedures for Receiving Donations (for State)
♦
Procedure
►
5.
Donation Requests Not Associated With Projects (for State)
♦
Procedure
►
6.
Procedures for Receiving Donations (for LPA)
♦
Procedure
►
7.
Matching Fund Credits
♦
Matching Fund Credits to LPA (State-Funded Project; No Federal-Aid)
♦
Matching Fund Credits (Federal-aid Project)
►
7.
Procedures Regarding Advertising Sign Interests
►
1.
Advertising Sign Interests
♦
Procedure
♦
Relocation Procedures For Signs With Valid Permits
►
2.
Moving Certain Off-Premise Signs (for State)
♦
Overview
♦
Sign Criteria
♦
Waiver of Damages
►
3.
General Procedures (for LPA)
♦
Overview
►
4.
Leasehold Signs (for LPA)
♦
Procedure
►
8.
Fencing Policies and Procedures
►
1.
Fencing Policies (for State)
♦
Policy
►
2.
Control of Access Fences (for State)
♦
Procedure
►
3.
Jointly Owned Property Line Fence (for State)
♦
Procedure
►
4.
Fencing Procedure (for LPA)
♦
Procedure
►
9.
Passes, Stock Passes, and Cattle Guards
►
1.
Pass Policies (for State)
♦
Policy
►
2.
Guidelines for Land Use Facilities (TxDOT) (for State)
♦
Overview
♦
Passes
♦
Procedure
►
3.
Inclusion of Pass Privileges in Instrument of Conveyance (for State)
♦
Procedure
►
4.
Permits for Passes (for State)
♦
Procedure
►
5.
Conveyance and Title Requirements for Passes (for State)
♦
Procedure
►
6.
Negotiation for Passes (for State)
♦
Procedure
►
7.
Submission for Payment When Pass Involved (for State)
♦
Procedure
►
8.
Cost Charge for Passes (for State)
♦
Procedure
►
9.
Pass Policies (for LPA)
♦
Commission Policy
►
10.
Cost Charge for Passes (for LPA)
♦
Negotiation
♦
Deeds and Title Requirements
♦
Special Purchase Agreement
♦
Cost Charge
►
10.
Acquisition of State-Owned Lands for Right of Way
►
1.
Appraising State-Owned Property
♦
Valuation
►
2.
Property Adjustment Work on State Owned Lands
♦
Procedure
►
3.
General Submission Requirements for Formal Negotiations
♦
Procedure
►
4.
Texas Department of Mental Health and Mental Retardation Lands
♦
Procedure
►
5.
Parks and Wildlife Department Lands
♦
Procedure
►
6.
University of Texas Lands
♦
Procedure
►
7.
Permanent School Fund Land
♦
Procedure
►
8.
Veterans Land Board Land Under Contract to a Veteran
♦
General
♦
TxDOT Appraisal Procedure
♦
Negotiations and Procedure for Fee Title
♦
Right of Way Deed
♦
Memorandum of Agreement (MOA)
♦
Attorney's Certificates
♦
Title Policy Commitment
♦
Billing Assembly/Submission to the ROW Division/Closing
♦
Negotiations for Right of Way Easements
♦
Billing Submission to the ROW Division
♦
Eminent Domain Proceedings
►
9.
TxDOT Lands
♦
Procedure
►
10.
LPA As Acquiring Agent
♦
Procedure
►
11.
Acquisition of Federal Lands for Right of Way
►
1.
Regulations Governing Acquisition of Federal Lands
♦
Overview
►
2.
Acquisition Procedures for Federal Lands (by State)
♦
Procedure
♦
Property Adjustment Work on Federal Lands (for State)
♦
Forest Service Lands
♦
Lands under Jurisdiction of Corps of Engineers
♦
Lands under Jurisdiction of Bureau of Land Management (BLM)
♦
Lands under Jurisdiction of U. S. Fish and Wildlife Service (USFWS)
►
3.
Acquisition Procedures for Federal Lands (for LPA)
♦
General
♦
Property Adjustment Work on Federal Lands (by LPA)
►
12.
Acquisition of County or City Property for Right of Way
►
1.
For State and LPA
♦
Authority
♦
General
►
2.
Acquisition of Property for LPA Exchange
♦
Authority
►
3.
Acquisition of Replacement Lands (Federally funded projects)
♦
For State and LPA
►
13.
Instruments of Conveyance for On-System Projects
►
1.
General Requirements for Proper Conveyance
♦
Requirements
►
2.
Standard Conveyance Forms
♦
Procedure
♦
Special Clause for Reserving Minerals
♦
Use of Correction Deed Form ROW-N-147
♦
Special Warranty Deeds
♦
Possession and Use Agreement, Form ROW-N-7
♦
Memorandum of Agreement (MOA)
►
14.
Special Clauses for Conveyance Instruments
►
1.
Overview
♦
Policy (for State and LPA)
►
2.
Approved Special Clauses for Use in Conveyance Instruments
♦
Use of Clauses (for State and LPA)
♦
Retention of Improvements
♦
Appointment of Single Payee or Attorney-in-Fact
♦
Bisected Improvements
♦
Stock Pass and other Pass Privileges
♦
Special Mineral Clause
♦
Retention of Private Right
♦
Conflict of Title and Encroaching Improvements (for State)
♦
Conflict of Title and Encroaching Improvements (for LPA)
♦
Temporary Right of Occupancy
♦
Exceptions to Title
►
15.
Title Requirements and Procedure for Title Examination, Escrow, and Closing
►
1.
Title Requirements: Policy Regarding Kind of Title to be Acquired
♦
Overview (or State and LPA)
►
2.
Title Requirements: General Title Requirements (for State and LPA)
♦
General Requirements for Lands Acquired
♦
Donated Parcels
♦
Title Requirements: For LPA
♦
Mortgages and Liens
♦
Leases and Private Rights
♦
Public Utility Easements
♦
Current and Delinquent Taxes
♦
Minerals
♦
Restrictions
♦
Curative Work
♦
Hotel/Motel Occupancy Taxes
►
16.
Title Insurance: Title Reports and Policies, Escrow and Closing
►
1.
Title Insurance Requirements (for State)
♦
General
►
2.
Title Insurance Requirements (for LPA)
♦
General
►
3.
Acceptable Title Commitment and Title Policy Exceptions
♦
Liens, Defects and Encumbrances
♦
Restrictive Covenants
♦
Survey Exceptions
♦
Tax Exceptions
♦
Easement Exceptions
♦
Lease Exceptions
♦
Mineral Exceptions
♦
Retention of Improvements
♦
Other Property Interests
♦
Rights of Parties in Possession
►
4.
Approved Title Companies
♦
General
►
5.
Procuring Title Data
♦
General
►
6.
Title Policy Commitments
♦
General
►
7.
Title Insurance Policies
♦
For State
♦
For LPA
►
8.
Fees for Title Services
♦
General
►
9.
Certificates Required of Title Companies
♦
General
►
10.
Closing by Title Company
♦
Procedure
►
11.
Closing and Recording Procedures
♦
Procedure
►
12.
Title Company's Closing Statement
♦
Procedure
►
13.
Recording of Legal Instruments (for State)
♦
Procedure
►
14.
Recording of Legal Instruments (for LPA)
♦
Procedure
►
15.
Escrow Services by Title Company
♦
Procedure
►
17.
Attorney's Certificates: Title Examination, Escrow, and Closing
►
1.
Use of Attorney's Certificate Procedure (for State)
♦
Procedure
►
2.
Use of Attorney's Certificate Procedure (for LPA)
♦
Procedure
►
3.
Attorney's Certificates and Their Usage
♦
Procedure
►
18.
General Payment Policies and Procedures for State and LPA
►
1.
General Payment Policy
♦
Overview
♦
Preparation of "Billing Statement" (Form 132) or “Payment Request” (ROW-A-15)
♦
Ethnic Coding for Form 132, or ROW-A-15, Payment Request
►
2.
Refund to State Based on Final Judgment
♦
Overview
►
3.
Billings for Fee Appraisers, Technical Experts, and Expert Witnesses
♦
Payment for Appraisals for Negotiation Purposes (for State)
♦
Payment for Appraisers' Eminent Domain Services (for State)
♦
Payment for Appraisers' Eminent Domain Services (for LPA)
♦
Payment for Appraisals for Design Purposes
♦
Payment of Expert Witness
♦
Payment of Technical Expert
►
4.
Payment Submissions for Negotiated Parcels (for State)
♦
Procedure
►
5.
Payment Procedures for Negotiated Parcels (for LPA)
♦
Procedure
►
6.
Payment When Escrow Procedure is Used
♦
Procedure
►
7.
Payment for Recording Instruments of Conveyance
♦
Procedure
►
8.
Payments for Leasehold Interests (for State and LPA)
♦
Payment Procedure When Leasehold and Fee Interests Are Negotiated
►
9.
Payment for Title Work
♦
Payment for Title Company Expenses (for State and LPA)
►
10.
Payment and Pay Procedures for LPA Acquisition
♦
Overview
►
11.
State Reimbursement for LPA Acquired Right of Way
♦
LPA's Requests for Reimbursement
♦
LPA Reimbursement Forms
►
12.
Submission for Reimbursement of Right of Way Fencing
♦
Lump Sum
♦
Actual Cost
►
19.
Incidental Expenses on Transfer of Real Property
►
1.
General Requirements (for State and LPA)
♦
Requirements for State and LPA
♦
Additional Requirements (for LPA)
♦
Recording and Transfer Fees (for State and LPA)
♦
Mortgage Prepayment Penalty (for State and LPA)
♦
State Responsibility for Making Payment
♦
Payment Requests
ROW Vol. 2 - Acquisition
September 2006
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