Section 3: Right-of-Entry
Anchor: #i1000084General
It is the stated policy of TxDOT that good relations will be kept with the public. Any right-of-entry agreement is an agreement between the signing parties. The right-of-entry letter template as published in the TxDOT Surveyors’ Toolkit should be incorporated as necessary, but consultants and TxDOT employees may modify the letter with the aid of an attorney. Written right-of-entry letters are preferable to verbal agreements and signed letters shall always be sought on every project. Verbal agreements shall be noted in field notes and initialed by the person attesting to the agreement, but a verbal agreement shall only be considered valid for one day for the specific individual receiving it.
Survey staff and consultants are encouraged to utilize remote measurement methods whenever possible to eliminate the need to enter private property. When necessary, all landowners with access to land features or property corners should be approached, not just those affected by the TxDOT project.
Employees and consultants cannot commit TxDOT to liability for anything performed on private property, outside of standard workers compensation. Individual employees may choose to sign liability waivers for landowners, but this cannot be done for TxDOT as a whole. Consultants may provide liability coverage or seek other agreements as required.
TxDOT, as a public agency, does not typically purchase right-of-entries to properties. Safety costs may be budgeted in the case of entry into high-risk areas such as railroads or Department of Criminal Justice property. If right-of-entry is necessary and cannot be acquired through other means, a request for court order should be provided to the ROW Division Survey Section for review and processing. TxDOT staff are encouraged to avoid court orders if possible in order to maintain good relations with the public.