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Section 2: TxDOT Monitoring of LPA Acquisitions

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Federal regulations require TxDOT to document that right of way procured by political subdivisions was acquired in accordance with Title III of the Uniform Act. This requirement does not in any way relieve the LPAs of the need to have complete documentation in their files; however, TxDOT staff will obtain and maintain in their files a certification of compliance containing the following clause and signed by the LPA:

"...certify that right of way for XXXXX has been acquired according to policies of the Texas Department of Transportation and in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. Documentation for compliance with these requirements is available for audit in our files."

A standard form for this certification has not been printed because some LPAs may prefer to furnish it in the form of a resolution while others may wish to have it signed by a LPA official. Certificates are required for each project.

FHWA policy provides that TxDOT is responsible for LPA compliance with the provisions of Title III. It, therefore, is the responsibility of TxDOT staff to keep the LPAs fully informed of their responsibilities, and to monitor real property acquisition by the LPAs to the extent necessary to ascertain that there is compliance with Title III.

There is no requirement that each parcel on a project be reviewed. However, to support project certification, parcel reviews should be conducted on a random basis. Document the monitoring of these activities in the right of way files using the form ROW-LPA-IIIPR Title III Parcel Review Checklist for LPAs. While this form may be modified or expanded, all items shown thereon are to be included.

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