Section 2: Property Adjustment Work on State-Owned LandsAnchor: #MOMNLGFH
On occasion, a state agency desires that TxDOT perform right of way fencing, entrance road reconstruction, or other property adjustment work. TxDOT may perform such work as part of the right of way acquisition only if its need is directly attributable to the right of way taking. Additionally, the state-owned land cannot be under contract of sale. The cost of such adjustment plus the cash consideration, if any, cannot exceed the determined parcel value. When work of this nature is desired by a state agency, prepare and submit to the ROW Program Office a work description and an estimate of cost before closing the negotiation.
Such work may be performed by separate contract in accordance with usual procedures, or be included in the highway construction contract, which will require TxDOT’s Design Division approval. In either case, the cost is charged to the right of way project.
Any adjustments desired for which need is not attributable to the right of way taking are handled according to customary practice under the statute that authorizes TxDOT to perform work for state agencies, provided they reimburse TxDOT for the cost involved. Such work is handled independent of the right of way transaction.