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Section 6: Procedures for Receiving Donations (for LPA)

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Procedure

After being informed of the right to receive just compensation for his property interest, an owner may donate his interest, in whole or in part. The LPA must obtain an appraisal of the property, unless the property owner releases the LPA from this obligation.

If negotiations result in a right of way donation, LPA files must document supporting circumstances. See the previous section (Procedures for Receiving Donations (for State)) for suggestions about documentation.

For local participation projects in which right of way acquisition is funded partially by an LPA and partially by TxDOT, the LPA should obtain all donations in its name and not in TxDOT's name. Therefore, standard acquisition forms that identify the State of Texas as grantee must not be used, and the deed must identify the LPA as the grantee. When partial acquisitions for controlled access facilities are involved, deed form ROW-N-24 , Donation Deed (Controlled Access Highway Facility) – LPA, has been developed for use by LPAs. Should the acquisition not involve a controlled access highway facility, the LPA should use form ROW-N-25, Donation Deed –LPA.

Subsequent to the LPA acquiring title in its name, the LPA will deed the property to TxDOT, and the deed will not require a minute order or donation agreement. The Department must inform LPAs of this procedure before execution of the contractual agreement for right of way acquisition between TxDOT and the LPA.

For LPA projects in which no TxDOT money is used for right of way acquisition, but the right of way is obtained in the name of the State of Texas, the procedure for donated parcels will be the same as in the preceding paragraph.

If the LPA suspects that donated property is environmentally contaminated, obtain right of entry from the property owner to investigate contamination.

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