Costs associated with acquiring ROW must be charged to the

RCSJ (Project ID)

. This work can include:

TxDOT personnel should request the RCSJ number, which is assigned by the ROW Program Office. To request a RCSJ number, TxDOT personnel must submit a completed form ROW-RM-CSJTPC Right of Way Total Project Costs (TPC). Once the TPC is received, funding for the entire project will be setup when the RCSJ is initiated.

TxDOT personnel can electronically submit the form to the ROW Program Office. Also, TxDOT personnel must enter the data into TxC. Once all the required information has been provided, the ROW Program Office will assign the RCSJ number upon receipt from the FIN.

ROW cost should not be incurred or obligated without a formal authorization from the ROW - Contracts and Finance Section. Several requirements must be fulfilled as described in TxDOT’s ROW Acquisition Manual. These requirements may include:

For non-attainment areas, the ROW Phase must be listed in the TIP and STIP, regardless of funding source.

The first step in ROW acquisition occurs early in the design process and is the determination of the amount of land needed for the new or improved facility. Once this is completed, ROW parcels and legal descriptions of the individual parcels are prepared, as required by law, by a registered professional land surveyor.

On projects requiring additional ROW (including temporary or permanent easements), the goal of the department is to set the ROW footprint as early in the project development as possible.

Extreme care should be used in determining the ROW footprint

to ensure that all additional ROW needed for the project is finalized prior to commencing additional ROW acquisition tasks.

Once the ROW footprint has been determined and approved by the District, parcel features are developed and uploaded to an ArcGIS geo-database known as the TxDOT Real Property Asset Map which takes the place of previous ROW maps. Development of parcel features and signed and sealed property descriptions is a ROW expense; therefore, funding approval and a RCSJ (see ) must be obtained from the ROW after the Commission has given project DEVELOP approval before any work can begin.

Some parts of the ROW acquisition process (title and appraisal) can proceed with only the ArcGIS geo-database populated with the geometric schematic footprint. The final signed and sealed property description will be needed in the later stages of acquisition for the title policy, certified appraisal and as part of the deed.

All surveying necessary for ROW acquisition must be performed under the supervision of a Registered Professional Land Surveyor (RPLS). All surveying must conform to all applicable surveying laws, the Professional Land Surveying Practices Act and the General Rules of Procedures and Practices of the Texas Board of Professional Engineers and Land Surveyors.

Required information and format of property descriptions is found in TxDOT’s

ROW Preliminary Procedures for the Authority to Proceed Manual

. The submission and approval process for ROW mapping is also found in previously mentioned manual.

After obtaining property descriptions, the ROW PM will request a title commitment prior to starting appraisals. Typically, appraisals are conducted using a Department Certified Appraiser selected through the ROWAPs contracts as outlined in TxDOT’s

ROW Appraisal and Review Manual

. The certified appraiser conducts the appraisal of ROW acquisitions in accordance with state and federal guidelines.

Appraisal reviews and approval must be conducted by the District after appraisals are completed and before beginning parcel acquisition. The ROW may assist in the review and approval of appraisals. ROW has review and approval authority for values of acquisition by condemnation.

The following project data should be supplied to ROW to assist with project development and the ROW appraisal:

It is good practice for ROW – Project Delivery staff to make the initial contact with the property owner and secure permission for appraisers to appraise the property. If a property owner refuses to permit appraisers employed by TxDOT to enter the property to view it, the appraiser will take measurements and photographs, or make other necessary inspections, by legal means available which such entry can be gained.

Under Texas law, two offers must be made: an initial offer and a final offer. The Texas Property Code requires the

initial offer letter

to be sent via certified mail, return receipt requested.

Delivery of the offer constitutes initiation of negotiations and is the principal date for determination of relocation assistance entitlements. The landowner must be given at least

30 days

to review the initial offer.

Requirements for initial offers are:

A

final offer letter

should be sent the same day, or as close as possible to the same day, as achieving environmental clearance. However, a final offer cannot be sent less than 30 days after the initial offer is sent. If a final offer letter prior to environmental clearance is desired, seek ROW Director approval.

More details concerning the negotiations process is found in TxDOT’s

ROW Acquisition Manual

.

Environmental considerations in setting the ROW footprint and acquisition of property include:

Local Public Agencies (i.e., Local Governments (LG)) are often required to participate in transportation project development by performing or contracting directly for the acquisition of ROW and required adjustments of utility facilities .

Appraisals and ROW negotiations and acquisitions must be done in accordance with federal and state guidelines. More information on the purchase of ROW by LGs can be found in TxDOT’s

ROW Real Estate Acquisition Guide for Local Public Agencies, Local Government Projects Policy Manual

and

Local Government Project Management Guide

.

Previously executed AFAs should be reviewed to determine LG responsibilities for ROW acquisition. If the LG is acquiring the ROW (e.g., off-system bridge projects may need wider ROW to accommodate a wider bridge width), TxDOT can prepare the ROW documents and provide them to the LG to begin acquisition.

Impediments to parcel acquisition are things that could adversely affect the ability to acquire ROW. These impacts may have prohibitive costs for major utility relocation, wetland mitigation, hazardous material site cleanup, acquired improvements, or could include parcels without clear record title, residents needing relocation, known contentious property owners, or severance damages.

The TxDOT PM, project engineers and ROW acquisition specialists should coordinate issues that might significantly affect the project schedule. They should prepare a prioritized schedule for acquiring parcels and a list of issues pertinent to each parcel.

TxDOT first attempts to acquire property through voluntary negotiations. If no agreement is reached, the department begins the eminent domain process, in which the State can purchase private property if an owner refuses to sell. Eminent domain is also used in cases to clear ownership and title issues. Refer to TxDOT’s

ROW Eminent Domain Manual

for additional information.

Considerations for the eminent domain process:

Joint-use agreements are executed to permit TxDOT to use ROW owned by public entities (e.g., cities and counties) and quasi-public entities (e.g., utility and railroad companies) under certain conditions.

In most cases these entities will not sell ROW outright but will agree to share the ROW (e.g., shared ditch agreements). Sometimes ROW should not be purchased outright because this may involve assuming ownership and maintenance of utilities or other improvements within that ROW. Agreements can be used instead of buying ROW, such as railroad ROW, which is extremely difficult to buy. The agreement allows TxDOT to use the property subject to compatibility with use by the fee owner.

Multiple-use agreements

are executed to allow use of TxDOT ROW for other than highway purposes. These agreements are executed with political subdivisions or state or federal agencies for public use of the ROW. These agreements are essentially a license to allow others to use TxDOT ROW. As an example, “unoccupied airspace” beneath elevated structures can be made available for parking lots, hike and bike trails, boat ramps, landscape areas, recreational, or other similar public facilities that may be operated without detriment to, or interference with, the utility of the highway.

Typically,

joint-use agreements

are between TxDOT and quasi-public entities; and multiple-use agreements are between TxDOT and public entities. Some of these agreements may have been prepared and executed during preliminary design preparation.

Responsibility for administering joint-use agreements is ROW. Responsibility for administering multiple-use agreements is shared by MNT and DES.

On highway projects that are in the design stage or under construction, proposals for multiple use development will be submitted to DES. On completed highway projects, proposals for multiple use will be submitted to MNT.

Possession and Use Agreements (PUAs) allow TxDOT to gain irrevocable possession of a parcel while at the same time allowing the landowner to continue contesting the ultimate compensation through the litigation process. The incentive is an independent market rental consideration paid to the property owner for the value of the advanced timing of possession.

PUAs with an incentive will be offered on every parcel, on every project, on a statewide basis.

A ROW certification is submitted for every project. The ROW certification certifies that required ROW acquisition is complete, or will be complete, by a certain date. Improvements on ROW must be removed, sold or demolished before construction begins.

ROW clearance certifications declaring that the ROW is clear or unclear must be prepared and submitted to DES before a project can be advertised for construction bids according to federal policy. If ROW acquisition is not clear before bid advertisement, the District must give anticipated acquisition completion dates that must include the status of acquisition and the effect on construction. These dates must be as accurate as possible since delays in ROW acquisition may result in contractor delays and claims.

The District Engineer signs project certifications which will be part of the project File of Record. A copy of the signed certifications is submitted, with other supporting documents, to DES for PS&E letting document review and processing.

The ROW Encroachment Certification is required for each project. An encroachment is typically an instance of privately-owned improvements existing on the State’s project ROW. There are two requirements that must be met to properly address ROW encroachments:

Requirements for Federally Funded Projects

– In order to advance a federally funded project, encroachments must be addressed as outlined in the

Federal-Aid Policy Guide

, Section 1.23 (23 CFR 1.23). To meet these guidelines, the District can provide support documentation that leaving the encroachment in place will not impair the highway or interfere with the free and safe flow of traffic. When an encroachment is discovered on a project, this support documentation should be sent to DES with copies to CST and ROW. If this cannot be certified, then the encroachment must be addressed otherwise, which may involve removal or safety treatment, in order for the federal project to proceed and utilize federal funding.

Requirements Under State Law

– The state requirements are derived from broad state laws involving the use of public property for private use. The current TxDOT interpretation applies this to highway ROW. The interpretation is that TxDOT must have a formal agreement with the owner of the encroachment to allow the encroachment to exist in the ROW. The options to comply with the state law have been determined to be: (1) remove the encroachment; (2) sell the area of the ROW to the owner of the encroachment; or (3) lease the area of the ROW to the owner of the encroachment. To address these requirements, the District should work with the ROW with copies of this information sent to DES and CST. These options must be pursued even if approval has been obtained in compliance with the

Federal-Aid Policy Guide

as discussed above.

A Relocation Certification is required for every project. If any ROW was acquired, certification of proper relocation assistance is necessary.

The District Engineer signs project certifications which will be part of the project File of Record. A copy of the signed certifications is submitted, with other supporting documents, to DES for RTL PS&E document review and processing.

For any certification that is not clear prior to letting, a

Triple-Zero – 000 – Special Provision

notification to the contractor must be included in the bid proposal identifying the items that are not clear (e.g., ROW parcels, relocations, etc.) and the anticipated date of clearance. A

Construction Management Plan (CMP)

must be developed and submitted prior to letting in accordance with the PS&E Review and Processing Schedule. Refer to the CMP SOP for additional guidance.