Chapter 3: ROW Acquisition

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Section 1: TxDOT’s Monitoring of LPA Acquisition

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Federal law requires any governmental entity that acquires right of way to maintain adequate records of its acquisition and displacement (relocation) activities with enough detail to demonstrate compliance with the Uniform Act. These records must be retained for at least three years after each property owner or person relocated from the property receives his or her final payment. It is imperative that the LPA keep and retain these records.

Federal regulations also require TxDOT to document that the LPA has complied with the Uniform Act. TxDOT will be unable to determine compliance if the LPA does not maintain adequate records. While TxDOT reviews the LPA's compliance, the LPA must still certify that it has complied with all applicable laws by signing the following certification:

“. .certify that right of way for________________ has been acquired according to policies of the Texas Department of Transportation and in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. Documentation for compliance with these requirements is available for audit in our files. “

A standard form for this certification has not been printed because some LPAs may prefer to furnish it in the form of a resolution while others may wish to have it signed by a LPA official. Certificates are required for each project.

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