Section 2: The Acquiring Agency

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In ROW acquisition projects, it is acceptable for either TxDOT or the LG to be the acquiring agency. Regardless of which is the acquiring agency, an agreement must be executed on each ROW project.

If the LG is the acquiring agency, the LG 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 LG must follow all acquisition procedures described in this manual. When the LG is the acquiring agency, TxDOT will provide approvals for procedures carried out by the LG and will provide reimbursement of ROW costs to the LG in accordance with State law and in accordance with the terms of the contractual agreement between TxDOT and the LG.

If TxDOT is the acquiring agency, TxDOT will be responsible for all acquisition activities, with the LG contributing a set percentage of the ROW costs. The authorization for this procedure is found in 43TAC Sections 15.50 - 15.56. Procedures for this are described more fully in Chapter 3 Acquisition Coordination.

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