Manual Notice: 2008-1
From: John P. Campbell, P.E., Right of Way Division Director
Manual: Right of Way Manual Vol. 2 - Acquisition
Effective Date: October 01, 2008
Purpose
To introduce the term “early acquisition”, and to make the distinction between early acquisition and the acquisition of options (advance acquisition). To implement Landowner’s Bill of Rights legislation which passed in HB1495 of the 80th Regular Session of the Texas Legislature. To remove
Changes
Chapter 1 – Administrative Requirements Preliminary to Formal Release for Right of Way Acquisition: In Section 4 - Schematic Layout for Transportation Project, changed term from advance to early.
Chapter 2– Types of Project Releases: Minor text changes have been made throughout the chapter, and the following items were revised:
- In Section 1 - Release Types, changed term from advance to early. Under “Limited Release for Utility Investigation”, removed requirement for an executed date of eligibility or an executed utility agreement.
- In Section 3 - Release for Early Acquisition, changed term from advance to early.
Chapter 3– Early Acquisition of Right of Way: Chapter title was modified. Minor text changes have been made throughout the chapter, and the following items were revised:
- In Section 1 - Types of Early Acquisition (for State), changed term from advance to early. Added note to explain difference between early and advance acquisition.
- In Section 2 - Policy on Early Acquisition (for State), changed term from advance to early. Added paragraph explaining the legal authority and limited use of early acquisition procedures.
- In Section 3 - General Requirements for Early Acquisition (for State), changed term from advance to early. Added instruction for obtaining ENV Division release for an early acquisition parcel. For early acquisition based on hardship, added information used to advise the property owner.
- In Section 4 - Additional Requirements for Hardship Acquisition Submissions (for State), changed term from advance to early.
- In Section 5- Additional Requirements for Protective Buying Submissions (for State), changed term from advance to early.
- In Section 6- Additional Requirements for Submissions for Early Acquisition through Donation (for State), changed term from advance to early. Added bullet for creating a ROW CSJ for purpose of tracking a donation in ROWIS.
- In Section 7- Approval of Early Acquisition (for State), changed term from advance to early.
- In Section 8- Early Acquisition of Right of Way for LPA, changed term from advance to early. Added bullet regarding the use of Federal funds for right of way costs.
Chapter 4– Administrative Requirements After Formal Release for Right of Way Acquisition: Corrected link in Section 2 -State Cost Participation in LPA Right of Way Acquisition , and made minor text change in Section 4 - Conversion of Right of Way Projects from State Funded to Federal.
Chapter 5– Right of Way Property Acquisition: Minor text changes and link corrections have been made throughout the chapter, and the following items were revised:
- In Section 2- District's Monitoring of LPA Acquisition, corrected form number.
- In Section 8- Landowner’s Bill of Rights and Written Offer to Purchase Required (for State), added new subsection on Landowner’s Bill of Rights.
- In Section 9- Landowner’s Bill of Rights and Written Offer to Purchase Required (for LPA), added new subsection on Landowner’s Bill of Rights.
Chapter 6– Right of Way Donations and Exchanges: Minor text change made in Section 3 -Exchanges (for State) .
Chapter 7– Procedures Regarding Advertising Sign Interests: Minor text changes made in Section 2 - Moving Certain Off-Premise Signs (for State) and in Section 3 - General Procedures (for LPA).
Chapter 9– Passes, Stock Passes, and Cattle Guards (for LPA): Minor text changes made in Section 10- Cost Charge for Passes (for LPA).
Chapter 10– Acquisition of State-Owned Lands for Right of Way: In Section 4- Texas Departments of State Health Services and of Aging and Disability Services Lands, replaced references to the Texas Department of Mental Health and Mental Retardation.
Chapter 14– Special Clauses for Conveyance Instruments: Minor text change made in Section 2 - Approved Special Clauses for Use in Conveyance Instruments .
Chapter 16– Title Insurance: Title Reports and Policies, Escrow and Closing: Minor text change made in Section 6 - Title Policy Commitments.
Chapter 17– Attorney’s Certificates: Title Examination, Escow, and Closing: Minor text change made in Section 3 - Attorney's Certificates and Their Usage.
Chapter 18– General Payment Policies and Procedures for State and LPA: Minor text change made in Section 2 - Refund to State Based on Final Judgment.
Contact
Hilda Correa, R/W Staff Services, 512.416.2902
Archives
Past manual notices are available in a pdf archive.