In situations where TxDOT has determined the necessity of purchasing a real property interest for ROW purposes, the acquisition procedures set out in this manual should be followed. An order of abandonment must have been issued by the STB before TxDOT can acquire needed ROW from a railroad company. Once the order has been issued, a railroad company is treated the same as any other property owner. If the railroad company owns fee title to the property, TxDOT is required to only negotiate with the company. If fee title is vested in a third party and the railroad company only has an easement interest, TxDOT must negotiate with the fee title owner and the railroad company. If it can be determined with certainty that the railroad company has effectuated a Common Law Abandonment of its interest in the property, TxDOT is required to negotiate only with the fee title owner.

A situation may occur when it is in the best interest of TxDOT to acquire an entire railroad corridor that is subject to abandonment by the STB or a railroad company desires to sell an entire abandoned corridor instead of just a portion. In those instances, TxDOT has developed a Corridor Preservation Policy for Abandoned Railroads. A

Corridor Preservation Task Force Report

has been developed for use in those situations. The policies and procedures set forth therein should be followed in those situations in addition to the basic procedures for ROW acquisition detailed in .