Real Estate Acquisition Guide for Local Public Agencies: Basic Acquisition Responsibilities (for LPA)

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Section 3: Basic Acquisition Responsibilities (for LPA)

With State Participation

The acquisition of ROW will be the responsibility of the LPA with participation by the State as specified by the law and agreed upon in the contractual agreement. The LPA shall obtain a title policy or a licensed attorney’s opinion acceptable to TxDOT. The State’s payment for title company services includes the cost of closing services. The benefits of the Relocation Assistance Program will be administered by the State, unless otherwise stated in the agreement with the LPA (refer to Chapter 4, Relocation Assistance, in this Guide). Property owner’s incidental expenses to transfer property to the State may be reimbursed by the State.

For projects with State cost participation, the State’s approved value sets the upper limit eligible for reimbursement if the parcel is acquired by negotiation. The LPA will not offer less than the State’s approved value. While it is permissible for District personnel to assist the LPA in their ROW acquisition, it is not intended that District personnel actually perform any of the responsibilities.

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Without State Participation on or off the State Highway System

Since acquisition is the responsibility of the LPA, the LPA may choose to purchase a title insurance policy. However, the LPA will be responsible for providing acceptable title to the acquired property. The State will administer the benefits of the Relocation Assistance Program only if required by the agreement with the LPA.

The District will advise the LPA when all prerequisites have been met and acquisition can be initiated. Acquisition responsibilities that lie with the LPA, and the amounts disbursed, will be at their discretion subject to certain requirements imposed by Title III of the Uniform Act, as amended and Federal Regulations pertaining to said Act.

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Task Sharing

The following chart explains which tasks property acquisition personnel may or may not perform when complying with the Uniform Act:

Anchor: #i1005567Table 3-1. Task Sharing Chart
CAN YOU PERFORM THIS TASK?
IF YOU PERFORM THE TASK BELOW:	Appraise Parcel	Review Parcel Appraisal	Negotiate Parcel $2500 or Less	Negotiate Parcel More Than $2500	Deliver Parcel Payment
Appraise Parcel		NO	YES	NO	NO
Review Parcel Appraisal	NO		NO	NO	NO
Negotiate Parcel $2500 or Less	YES	NO			NO
Negotiate Parcel More Than $2500	NO	NO			NO
Deliver Parcel Payment	NO	NO	NO	NO