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Section 11: Acquisitions of State Lands

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If an LPA is the acquiring agent on a project, they are responsible for the acquisition of all needed ROW, including that across State owned property. An LPA may initiate and handle all negotiations for the acquisition of TxDOT needed ROW across State-owned land without TxDOT assistance. The LPA must do so under specific statutory authority granted to the LPA.

If an LPA desires TxDOT assistance in the acquisition of ROW across State-owned lands, TxDOT can invoke the authority of Transportation Code, §203.053(B), and the District will negotiate directly with the State agency involved. If the District handles negotiations, it will offer the full, approved value to the State agency involved.

Under this procedure, TxDOT acts for the LPA. Proposed conveyance instruments are transmitted to the LPA by the District for review and approval. Any consideration recited in the deed and jointly approved by the LPA and TxDOT is paid directly by the LPA and is eligible for applicable reimbursement by TxDOT, as customary for other type properties.

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