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Section 28: Requesting Federal Assistance in Acquiring Private Property (for State)

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Federal law allows federal acquisition of land interests for any project authorized for interstate, defense access, or forest highways where the state is unable to acquire the required right of way or is unable to obtain possession with sufficient promptness.

The state will not request federal assistance except for cemetery property and military access road projects which are not part of the designated highway system, and then only when ED proceedings become necessary. Federal assistance is needed in these situations since TxDOT is without authority to condemn cemeteries and lands for other than projects on the designated highway system. When such a situation occurs, the ROW Program Office, through the FHWA, will make the formal request for federal assistance for action by the Department of Justice.

If the need for federal assistance arises, TxDOT should contact the ROW Program Office. A review of current federal regulations will be made and TxDOT will be advised as to what information and materials are to be submitted to the ROW Program Office for processing the request to FHWA for federal assistance in the acquisition.

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