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Section 3: Jointly Owned Property Line Fence (for State)

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Procedure

Fences between properties are often jointly owned by abutting owners. Negotiators should confirm that interests held are properly reflected in the approved value for each parcel. It is preferable to negotiate simultaneously for both parcels, handling both interests in the jointly owned improvement in the same manner, either by total acquisition or by total owner retention. However, in practice this is often not possible. In these cases, TxDOT shall offer to the property owner who closes first one-half of the value of the improvements. The remaining improvement value (one-half) is to be offered to the remaining affected property owner.

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