Section 4: Payment Procedures
If the contractual agreement between TxDOT and an LPA requires the LPA to be the acquiring agency, TxDOT will reimburse costs of the ROW to the LPA upon acquisition of title acceptable to TxDOT. Title to each parcel must be in the name of the State of Texas. If the parcel is acquired through ED, payment to the LPA will be made upon entry of a final judgment vesting title in the State of Texas. The procedures for reimbursement by TxDOT to the LPA must be described in any contractual agreement executed between the parties. Any changes in this procedure must be approved by the ROW Division and an amended contractual agreement should be prepared and executed by the parties detailing the change. The procedures for payment to the LPA should follow standard payment procedures described in Volume 2 - Right of Way Acquisition, Payment Policies and Procedures for State and LPA.
If the contractual agreement requires TxDOT to be the acquiring agency, the preferred procedure is for the LPA to contribute its' estimated share of the costs of the ROW at the time of execution of the contractual agreement. There may be instances when it may create an undue burden on the LPA to contribute all the required funds at the time of execution of the contract. In those instances, any incremental payment arrangement must be approved by the Executive Director of TxDOT and included in the contractual agreement. Payment of the LPA's estimated share should be given to the applicable District and immediately transmitted to the ROW Division for deposit in the proper account.
Upon delivery to TxDOT of acceptable instruments conveying to the State the required ROW, a voucher for the reimbursement to the LPA will be prepared and transmitted to the Comptroller of Public Accounts.