Section 4: Eminent DomainAnchor: #i1007959
If a LPA cannot obtain a conveyance by negotiation, it will initiate condemnation proceedings. But, the LPA must not initiate condemnation proceedings until TxDOT authorizes such action. While the LPA is responsible for conducting the condemnation proceedings, TxDOT has the right to become a party to those proceedings.
The ROW Eminent Domain Manual, Chapter 4, LPA Acquisition by Eminent Domain has a detailed breakdown of the eminent domain process.