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Section 2: Policy on Advance Acquisition (for State)

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Advance acquisition on a project-wide or parcel by parcel basis requires approval by the Chief Engineer. It should be noted that advance acquisition is entirely based upon state law. See Transportation Code Sections 202.111 through 202.114.

However, federal laws and regulations contain provisions dealing with whether such acquisitions will affect a transportation project's eligibility for future federal assistance, and as well as provisions relating to when a state may be able to obtain future credit or future reimbursement for parcels acquired prior to normal environmental and right of way release and provided such parcels are then actually included within the final alignment and facility as constructed.

Under federal regulations, these types of acquisition are referred to as "Early Acquisition" and are found in 23 CFR 710.501. As of 2018, this CFR section was updated to expand the flexibility of the various types of approved early acquisition. This chart outlines the available early acquisition alternatives and their respective requirements. TxDOT's advance acquisition of property will only proceed under the requirements of section 23 CFR 710.501. While federal regulations authorize advance acquisition for the purposes of "Protective Buying" and "Hardship Acquistion" under 23 CFR 710.503, TxDOT will only pursue such acquisitions under the terms and conditions of 23 CFR 710.501.

Parcels acquired through advance acquisition shall be numbered according to example 19 in the Parcel Numbering Chart in TxDOT’s ROW Preliminary Procedures for the Authority to Proceed Manual, 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.

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