If it is imperative that TxDOT acquire ROW from an operating railroad, an order of abandonment must be issued by the STB. TxDOT cannot acquire a property interest from a railroad company if the property interest is still under the jurisdiction of the STB. If cooperation from the railroad company can be obtained, they may file a petition for abandonment and the section needed by TxDOT can be abandoned by the STB. If the railroad company refuses to cooperate, there is a procedure where TxDOT can file a petition for involuntary abandonment. This is a very complicated, expensive and lengthy procedure and should be avoided except in very rare circumstances. If this procedure must be used, the ROW Program Office should be contacted for assistance. Once an order of abandonment has been issued, acquisition can proceed in accordance with normal acquisition procedures.