Chapter 13: Continued Occupancy Incentive Payment

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Section 1: Eligibility

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Overview

On a project by project basis, residential tenants may be eligible for an incentive moving payment for continuing to occupy the displacement dwelling until TxDOT possession of the real property. Use of this payment requires R/W-PD Management to submit a written request to ROW Division HQ for approval prior to the initiation of negotiations for any parcel on the right of way project.

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Eligibility Requirements

To qualify for the continued occupancy incentive payment, a displaced residential tenant must meet the following criteria:

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  • Tenant is lawfully present in the United States as described in the previous chapter, General Provisions.
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  • Tenant has actually and lawfully occupied the displacement dwelling prior to the initiation of negotiations (first written offer).
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  • Tenant agrees to continue in occupancy of the displacement dwelling until TxDOT has taken possession of the property through either negotiation or condemnation.
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  • Tenant vacates the displacement dwelling within 30 days of formal notice after TxDOT possession.
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