Section 10: LPA As Acquiring Agent
Anchor: #i1000972Procedure
If an LPA is the acquiring agent on a project, they are responsible for the acquisition of all needed right of way, including state owned property. An LPA may initiate and handle all negotiations for the acquisition of the needed right of way of state-owned land without TxDOT assistance. The LPA must do so under specific statutory authority granted to the LPA.
If an LPA desires TxDOT assistance in the acquisition of right of way from state owned lands, TxDOT can invoke the authority of Transportation Code, Section 203.053(b), and TxDOT will negotiate directly with the state agency involved. If TxDOT handles negotiations, it will offer the full, approved value to the state agency involved.
Under this procedure, TxDOT acts for the LPA. Any proposed conveyance instrument is transmitted to the LPA by TxDOT for review and approval. Any consideration recited in the deed and jointly approved by the LPA and TxDOT is paid directly by the LPA and is eligible for applicable reimbursement by TxDOT.
TxDOT should submit a copy of the property description to the ROW Program Office. TxDOT should state in the transmittal that the LPA requests that TxDOT negotiates the acquisition of the property and the transmittal memo should also state the amount of consideration being offered.