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Section 6: State Utility Procedure

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Overview

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 in order for the LPA to be able to escrow 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.

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Project Category

There are two types of right of way projects for processing utility adjustments under the State Procedure. These are:

On either of these type projects, TxDOT will be able to initiate the utility adjustment only after execution, by both TxDOT and the LPA, of a supplemental ROW-U-43A or ROW-U-43B, as appropriate. These agreements will be used when a previously executed contractual agreement is in effect. An Agreement to Contribute Funds will be used when no previous contractual agreement exists.

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Utility Agreements

Since TxDOT will negotiate directly with the individual utilities, ROW-U-35 will be required between TxDOT and the utility.

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