Chapter 8: LPA Acquisition with State Participation

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Section 1: General

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90-10 Canals Having a Private Function

Where the LPA is purchasing the right of way, it may wish to perform the work as a property adjustment; however, appraising and establishing values will be in accordance with previous instructions.

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90-10 Right of Way Fencing

Where damage for an unfenced condition is to be a part of the cash consideration paid to the property owner or is to be handled as a property adjustment, such damage will be based on the estimated cost of re-fencing.

If the LPA elects to perform needed right of way fencing on a lump sum or actual cost basis as a part of the right of way consideration, this must be made known when the values are established so the value of the parcel can be determined with fencing provided. There must be coordination between the values and proposed fencing procedure so that adequate compensation is determined in each instance. Recommended and approved values will not include either a value for existing fences whose use will be restored by the new right of way fence or damages for an unfenced condition.

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Values for School Properties on 90-10 Projects

Appraisals will be obtained in accordance with the Texas Supreme Court decision in the Waco School District case (State v. Waco Independent School District, 364 SW2d 263). However, in the case of a minor acquisition, appraisals prepared along the usual approaches to value will be obtained unless subsequently it is necessary to condemn.

The portion of the special instructions requiring more than one technical expert does not apply.

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90-10 Utility Lines Having a Private Function

On primary and secondary highways, the FHWA has granted blanket approval of the retention of private utility lines as a part of the right of way transaction.

The LPA may perform an adjustment with eligibility established in the same manner as other property adjustment work; i.e., appraising and establishing values will be in accordance with previous instructions.

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90-10 Advertising Signs

The LPA will make the determination of compensability or non-compensability when it is responsible for negotiation. Chapter 3, Advertising Sign Interests, should be followed in making the compensability determination and handling of the signs.

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90-10 Supplement

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  • Form ROW-A-10
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    • LPA’s authorized representative’s signature is necessary on all submissions except where the state is establishing values by waiver.
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    • R/W-PD should handle all excepted parcels and forms should be submitted with each parcel together with at least one state appraisal on each parcel.
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    • If the state is determining values, ROW Division HQ should be furnished a copy of the LPA’s waiver of their right to establish values.
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