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Section 9: Fencing Policies

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The LPA will handle ROW fencing in the manner established in the approved value.

When ROW or other fencing will be part of the cash consideration paid to the property owner, or will be handled as a property adjustment required by the ROW taking, the appraised value of this fencing is included in the approved value. Refer to TxDOT’s Right of Way Manual, Chapter 9, Section 3, for procedures on jointly-owned fences.

The LPA may elect to perform ROW fencing on an actual cost or lump sum basis as a part of the total ROW consideration. In this case, neither value for existing fences whose utility is restored by the new ROW fence, nor damages for an unfenced condition are to be included in the approved property owner payment value.

When ROW fencing will be performed on a lump sum or actual cost basis, the type of fence constructed will be limited to that constructed by the LPA, or to the type of fence being replaced. If fencing is accomplished as a property adjustment, the fence type constructed is a matter between the LPA and the property owner. However, TxDOT’s upper participation limit will be TxDOT’s approved value, less any retention.

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