Section 2: Policy on Advance Acquisition (for State)
Anchor: #i999774Policy
Advance acquisition may be used at any stage of project development. However, when Federal funds are involved in right of way costs, one of two things must have occurred. Either (1) official notice has been given to the public that a preferred or recommended alignment for the proposed highway is selected, or (2) a Public Hearing has been held or an opportunity for such a hearing has been afforded.
All advance acquisitions are to be on acceptable routes and adequate for the proposed highway facility in accordance with TxDOT's standard design practices.
Each hardship acquisition or protective buying case will be handled on its individual merits and the determination of necessity for advance acquisition will be made by the District Right of Way Administrator and approved by the ROW Division.
Hardship acquisition and protective buying procedures do not apply to lands used for parks, recreational areas, wildlife and waterfowl refuges, or historic sites (i. e. , properties subject to the provisions of 49USC 1653f, commonly known as Section 4(f), or to 16USC 470f, (historic properties) until the required Section 4(f) determinations and the procedures of the Advisory Council on Historic Preservation are completed.
Parcels acquired through advance acquisition shall be numbered according to example 19 in the Parcel Numbering Chart in TxDOT’s Right of Way Manual, Volume 1, Chapter 4, Section 2, on all right of way maps for the relevant project.
There is no difference in title requirements when right of way is acquired through advance acquisition. Adequate title must be obtained.