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Section 2: State Cost Participation in Local Government Right of Way Acquisition

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Statutory Authority (for State) Cost Participation

TxDOT is authorized and directed to pay to local governments in accordance with Transportation Code, §224. 005.

If condemnation is necessary, participation by TxDOT is based on the final judgment, provided that TxDOT is notified in writing before the filing of the suit and prompt notice is given about all action taken. TxDOT has the right to become a party at any time for all purposes, including the right of appeal, at any stage of the proceedings.

Local governments are directed to acquire right of way for highways when requested and authorized by TxDOT, as provided for by existing laws. In the event condemnation is necessary, follow the same procedure as that described in Property Code, §§21. 001 to 21. 065 inclusive.

After delivery to TxDOT of acceptable instruments conveying right of way to the State, TxDOT will reimburse the local government for the State's share of the cost of providing such right of way. The Comptroller of Public Accounts is authorized and directed to issue warrants on the appropriate ROW CSJ covering the State's obligations.

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Commission Authorization for Right of Way Project Eligibility

All right of way projects, on which right of way acquisition is approved by the Texas Transportation Commission, by program or individual minutes, are eligible for execution of right of way contractual agreements between TxDOT and the local governments.

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Rules and Regulations Governing State Cost Participation

Refer to 43TAC §§15.50 - 15.56, inclusive, for TxDOT's rules and regulations on right of way cost participation.

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Local Government Option (for State) Right of Way Acquisition

To provide assistance to local governments, another option regarding right of way acquisition was established by Minute Order No. 80312 where the local government may request the State to assume responsibility for the right of way acquisition. Procedures for this type of State acquisition are in Acquisition Coordination.

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