Anchor: #i1000967

Section 10: LPA As Acquiring Agent

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Procedure

If an LPA is the acquiring agent on a project, they are responsible for the acquisition of all needed right of way, including that across State owned property. An LPA may initiate and handle all negotiations for the acquisition of TxDOT needed right of way across State-owned land without TxDOT assistance. The LPA must do so under specific statutory authority granted to the LPA.

If an LPA desires TxDOT assistance in the acquisition of right of way across State owned lands, TxDOT can invoke the authority of Transportation Code, §203. 053(b), and the Department will negotiate directly with the State agency involved. If the Department handles negotiations, it will normally offer the full, approved value to the State agency involved.

Under this procedure, TxDOT acts for the LPA. Any proposed conveyance instrument is transmitted to the LPA by the Department for review and approval. Any consideration recited in the deed and jointly approved by the LPA and TxDOT is paid directly by the LPA and is eligible for applicable reimbursement by TxDOT, as customary for other type properties.

The Department should submit four prints of a sketch or section of the right of way map and four copies of property descriptions to the ROW Program Office in Austin. The Department should state in the transmittal that the LPA requests that the Department negotiates the acquisition of the property and the transmittal memo should also state the amount of consideration being offered.

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