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Section 13: Acquisition of County or City Property for ROW

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Legal authority for LPAs to convey land to TxDOT for highway purposes is contained in Transportation Code, §203.055. Under these provisions, the LPA governing body is authorized to make ROW conveyances to the State of any property needed for, or in connection with, the construction or operation of the State highway system.

Lands acquired by LPAs for highway, street, road, or alley purposes before TxDOT project ROW funding authorization has been obtained, or lands in use for these purposes and needed by TxDOT for construction or operation of the State highway system, should be made available to the State at no cost.

For properties owned by the LPA that were acquired for purposes other than street, highway, or alley construction, such as building sites, excess land acquired along with previous ROW, etc., TxDOT obtains appraisals to determine value. TxDOT will reimburse the LPA for the contractual percentage of the approved value. The instrument conveying title to the State lists the consideration, in accordance with the agreement.

For parcels to be purchased from an LPA, a note is required on the ROW map stating that the parcel was not acquired by the LPA for public road purposes.

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Acquisition of Mitigation Lands (Federally-funded projects)

The FHWA may require the purchase, outside of the ROW, of replacement land for certain types of property acquired for the ROW. The extent of replacement land purchased depends on the specific mitigation commitments made in the project’s environmental document. 23CFR Part 771 §135, may require replacement land for a ROW acquisition from a significant publicly owned park, recreation area, wildlife or waterfowl refuge, or any significant historic site. 23CFR Part 777 §11 may require replacement land for privately owned wetlands acquired for ROW. In some circumstances, when authorized by an appropriate Federal agency, a fee may be paid in lieu of having to acquire specific mitigation property. Prior to beginning any acquisition activities associated with mitigation requirements, close coordination with the TxDOT District office’s Environmental Section (and the Environmental Affairs Division of TxDOT, if necessary) should first take place. In addition to the above Federal Regulations, refer to Transportation Code, §203.004 , §203.051, §203.052, and §201.601.

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