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Section 3: ROW Acquisition Overview

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Phases of Acquisition

The right of way acquisition process can be divided into five general phases:

Funding. This phase involves a written agreement between TxDOT and the LPA. The agreement determines which party will acquire the right of way, and how much funding (if any) each party will contribute for right of way acquisition.

Right of Way Acquisition. In this phase, the acquiring party appraises the right of way needed for the project, negotiates its purchase, or, if necessary, condemns the interests to be acquired. A Right of Way (ROW) Acquisition Flowchart for LPAs is available in PDF format.

Utility Accommodations. In this phase, the acquiring party relocates any utilities in conflict with the project.

Relocation. This phase deals with making provisions for the fair and equitable treatment of persons displaced as a result of federal or federally-assisted and state programs in order that such persons shall not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole.

Project Closeout. The LPA submits to TxDOT its project records, acquisition instruments, and a certification that it has complied with TxDOT policies and applicable federal and Texas laws.

Note that the Acquisition, Utility Accommodation, and Relocation phases occur simultaneously, rather than sequentially.

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