Procedure

ROW PD should negotiate directly with any federal agency, unless the federal agency requests that the negotiations be handled through FHWA. The ROW Program Office makes all requests to FHWA. Federal right of way acquisition must be initiated at the earliest possible point in project development.
ROW PD request to FHWA includes the following information:
  • The purpose for which the lands are to be used.
  • The estate or interest in the land required by state statute.
  • The Federal Project Number.
  • The name of the federal agency with jurisdiction over the land and identity of the installation or activity in possession of the land.
  • A map showing the survey of the land to be acquired.
  • A property description of the land to be acquired.
  • A survey of the land desired, properly located on the ground by an RPLS and, if applicable, control of access lines affecting the property with a legend. The area to be transferred must be outlined in red on the survey and the parcel numbers and acreage involved must be indicated.
  • A property description of the desired land either in terms of public land surveys or by metes and bounds, including described acreage. Each description bears a parcel number and, if available, a deed reference setting forth the source of title to the federal agency exercising supervision and control of the lands and the acreage contained within the tract.
When negotiating through FHWA, deeds for conveyance of right of way owned by the federal agencies are prepared by ROW PD, unless FHWA, at its discretion, chooses to prepare them. Such deeds should contain any clauses required by FHWA and the agency involved. When the ROW Program Office in Austin prepares the deed, it is submitted to FHWA for review and execution. Following execution, ROW PD records the deed in the appropriate land record office and provides FHWA with the recorded instrument.