Section 6: State Utility ProcedureAnchor: #i1004348
Under the State Utility Procedure (SUP), TxDOT assumes a right of way acquisition function that may include eligible utility adjustments. Use of the State Procedure allows the LPA to escrow its estimated contribution percentage up front, and relieves the LPA of the burden or duty of acquiring the necessary right of way. A flowchart in PDF format, showing steps of this procedure, is available.
Eligibility is based on compensable property interests held by the utility. TxDOT cost participation is based on totally or partially eligible adjustments.
The LPA coordinator will request an estimate of utility costs for the LPA to be able to participate in their percentage of the costs.
The primary advantage of the State procedure is that the LPA is relieved of the burden of right of way acquisition and utility adjustment. This procedure also allows the LPA to escrow its cost contribution up front with no future reimbursement.
The LPA should thoughtfully consider these options before executing a right of way contractual agreement on any project.Anchor: #JNJNGNHG
There are two types of right of way projects for processing utility adjustments under the State Procedure. These are:
- Anchor: #PMFCBXVA
- non-Federal-aid participation in right of way acquisition; and Anchor: #LQFBRRQY
- Federal-aid participation in right of way acquisition.
Since TxDOT will negotiate directly with the individual utilities, ROW-U-35 Standard Utility Agreement will be required between TxDOT and the utility.