Chapter 7: Eminent Domain - State Acquisition

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Section 1: General

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Policy

The counties and cities are responsible for the acquisition of right of way by either negotiation or condemnation on 90-10 (except on the alternate procedure) and Farm-to-Market programs per LPA Use of State’s Appraisals and Appraisers in Condemnation, noted in Chapter 8, Section 8 of this manual.

In other programs where the state is the acquiring agency (including 90-10 projects converted to the alternate procedure), the Office of the Attorney General handles eminent domain proceedings.

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