Section 3: Acquisition Procedures for Federal Lands (for LPA)
Anchor: #i999468General
At the request of an LPA, ROW PD will assist in the negotiation for needed right of way on federal lands. If ROW PD assistance is requested, procedures and submission requirements contained in Regulations Governing Acquisition of Federal Lands for federal lands are applicable.
The LPA should negotiate directly with federal agencies, unless the federal agency requests negotiations be handled through application with FHWA.
Anchor: #i999487Property Adjustment Work on Federal Lands (by LPA)
If a federal agency requests property adjustments in lieu of cash payment for a right of way taking, the adjustments are performed by the LPA, except when TxDOT performs work as an integral part of the highway facility (e.g., stock pass).
Agreement must be reached with the federal agency for adjustments to be performed not to exceed the approved acquisition value. To assure state cost participation, the LPA must not make a commitment to the federal agency without prior TxDOT approval. The state can participate in adjustments required by the highway improvement.
If the LPA requests assistance in negotiations from ROW PD, a description of the adjustments is required. The LPA may elect to move buildings, fences, and other improvements from the right of way parcel and build fences along the right of way under authority granted in the contract for handling right of way parcels.
The state must approve any and all property adjustments thru a supplemental agreement between the LPA and TxDOT which must be executed prior to performing any work on the remainder property.
If right of way is secured with an easement document, the federal agency may require utilities relocating within the newly secured right of way to obtain permits/easement in addition to any required TxDOT permits. Address this with federal agency as soon possible to avoid project delays.