Section 2: Right of Way Map and Property Descriptions
Anchor: #i1005001Overview
This section describes preparing and submitting right of way maps, and property descriptions before acquiring property for a project. To ensure accuracy, the project manager must maintain strong coordination with the project engineers and surveyors.
This section includes the following task:
Anchor: #i10050164300: Prepare right of way map and property descriptions
Description. Right of way (ROW) maps and property descriptions are prepared to describe each parcel of land to be acquired. These documents are prepared after project location and design acceptance is obtained. Since they will form a vital part of future legal instruments (e.g., property deeds, eminent domain documents), these documents must be accurate and must be prepared by a Registered Public Land Surveyor. Preparation of these items is a ROW expense. Therefore, funding approval and a right of way control-section-job (CSJ) should be obtained from the ROW Division after the Commission has approved the project as a Priority 2 project.
Pertinent Project Types. Projects requiring additional ROW whether fee title, easement, or other real property interests (e.g., access).
Responsible Party. Project manager
Sub-tasks.
- Coordinate with the roadway design engineer to determine proposed ROW limits including temporary and drainage easements, and access denial areas.
- Obtain and/or verify project specific ROW control-section-job (CSJ) numbers and check the FIMS project set up to be sure the project data is correct in FIMS.
- Deliver the approved, project schematic to the land surveyor, and discuss ROW issues in detail - obtain an expected delivery date for ROW documents.
- The surveyor verifies property ownership, and performs field survey of existing ROW and property lines.
- Coordinate any required use of railroad ROW with the Railroad Section of the Traffic Operations Division.
- The land surveyor identifies/verifies real property improvements to be acquired.
- The roadway design engineer performs a quality control check on the completed ROW maps, and property descriptions, comparing them to the project schematic design, or construction plans if available.
- Submit ROW map and property descriptions to the Right of Way Division to obtain ROW project release.
Helpful Suggestions.
- Stay in communication with the surveyor preparing the map to answer questions, provide updated ROW requirements for minor modifications, additions, or deletions of ROW.
- If the project is in PS&E development and ROW planning concurrently, the project manager should encourage clear communication between all engineers and the land surveyor. In this situation, the drainage engineer may develop the need for a drainage easement, the traffic engineer may develop the need for additional fee title at an intersection, the roadway design engineer may develop the need for additional easements or fee title due to construction on soft soils, etc. All these conditions need to be identified and communicated as early as possible in the ROW phase.
- Seemingly minor errors can have major effects on the acquisition of ROW, especially in the area of eminent domain proceedings. A single discrepancy between a ROW map, parcel plat, or legal description has the potential for disrupting the eminent domain process. Consequently, accuracy is extremely important.
- Locate and generally describe existing improvements, such as buildings, fences, gates, billboards, signs, driveways, major landscape features (e.g., large trees), on ROW maps and parcel plats. This information will be used later by the appraiser to determine the value of the property – including land and/or improvements.
Critical Sequencing.
- Other than for advance acquisition (see 4410: Perform advance acquisition for qualified parcels), ROW acquisition cannot begin until authority for ROW project release (see 4415: Obtain authority for ROW project release) is obtained.
- All ROW documents must be completed before ROW acquisition can begin.
Authority Requirements.
- TxDOT Policy Statement 2-95, “TxDOT Surveying Procedures”
- TxDOT memo; 06/16/97; “FYs 1998, 1999, 2000 Preliminary Allocations and Budgeting Guidelines”; from Wm. G. Burnett; to Management Team.
Resource Material. TxDOT Right of Way Collection.