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:

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:

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.

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