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Section 10: Payment and Pay Procedures for LPA Acquisition

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The LPA may exercise its option to perform the required right of way acquisition activities and payments with pro-rated cost reimbursement by the state. Under this program (usually US or SH projects), initial payments must be made by the LPA, and state reimbursement is performed according to contractual agreement between the state and LPA.

A contractual agreement form, Contractual Agreement for Right of Way Procurement and Attachment “C”, has been developed for this program.

The state must make direct payment to the fee appraisers (1) for appraisals needed for the state's approval of LPA recommended values and (2) for fee appraisals where the state determines values by use of the contract waiver provisions.

When TxDOT orders a new appraisal report (or updated report) at the request of the LPA for use in a Commissioners' Hearing, the state should make direct payment to the fee appraiser only if: (1) the approved value is revised on the basis of the report, or (2) the state determines that the appraiser and the appraiser's report will not be released for the LPA's use.

If an expert witness obtained for the Commissioners' Hearing is not approved for release (for witness purposes) and some compensable services have been performed before the time of disapproval, direct payment must be made by the state for such services. Payment for the services of technical experts contracted by the state (as necessary to establish values) must be made by the state.

The state must also make direct payment for title information and title insurance.

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