Anchor: #i1000396

Section 9: Pass Policies (for LPA)

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Commission Policy

The Commission's policy for passes on the highway system is contained in 43 TAC Section 21.81. Handle pass installations in the right of way transaction with construction and cost responsibilities as outlined in the minute order.

Under provisions of the minute order, land use and ownership studies are to be conducted and property owners' needs or desires for passes are to be determined during the project initial design stage. Also, provision is made for safety studies and analyses to determine the need for passes as a safety measure. Safety passes, if required by a safety study, will be included in public hearing displays and discussed at the hearing. An explanation of administration policy relative to dual appraisals in connection with pass cost participation will also be discussed at the hearing.

When use of a pass across the right of way is allowed, it will be accomplished by permit, by contractual agreement with the state, or as provided in the right of way conveyance to the state. Use the method that allows maximum compliance with policy and the legal requirements pertaining to that particular case.

For LPA acquisition, normally pass privileges will be included in the instrument of conveyance in accordance with procedures outlined in the following section under Deeds and Title Requirements. If the use of a structure for a pass is granted through a revocable permit, this will be handled after acquisition and the usual procedure will be followed with associated correspondence directed by TxDOT to the Design Division.

When pass privileges are part of the right of way transaction, except in cases where an existing pass is to be continued, design approval is required. Such approval will be obtained from the Design Division by the ROW Program Office, prior to approval of recommended values, as indicated in TxDOT's ROW Appraisal and Review Manual, Chapter 3, Section 5. Refer to this manual for procedures for appraising pass privileges and for arriving at values.

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