Section 2: The Acquiring Agency
Anchor: #i999851Procedure
In ROW acquisition projects, it is acceptable for either TxDOT or the LPA to be the acquiring agency. Regardless of which is the acquiring agency, an agreement must be executed on each ROW project.
If the LPA is the acquiring agency, the LPA will be responsible for all aspects of the acquisition process as detailed in agreements between the parties. All property must be acquired in the name of the State of Texas. The LPA must follow all acquisition procedures described in this manual. When the LPA is the acquiring agency, TxDOT will provide approvals for procedures carried out by the LPA and will provide reimbursement of ROW costs to the LPA in accordance with State law and in accordance with the terms of the contractual agreement between TxDOT and the LPA.
If TxDOT is the acquiring agency, TxDOT will be responsible for all acquisition activities, with the LPA contributing a set percentage of the ROW costs. The authorization for this procedure is found in 43TAC §§15.50 - 15.56. Procedures for this are described more fully in the following Chapter 3- Acquisition Coordination.