Anchor: #i1001068

Section 8: LPA Appeal of Unfavorable Awards

Anchor: #i1001073

Procedure (State Participation)

Whenever an award by the Special Commissioners is greater than the approved value, TxDOT and the LPA should make every effort to agree on whether to appeal the award. Although the final decision for appeal rests with the LPA, TxDOT’s desires should be strongly considered by the LPA in making its final determination. In the event the LPA fails or refuses to file an appeal, the District Engineer will decide whether to recommend intervention by TxDOT in the condemnation proceedings.

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