Statutory Authority for State Cost Participation
TxDOT is authorized and directed to pay local governments in accordance with
.
If condemnation is necessary, participation by TxDOT is based on the final judgment, provided that TxDOT is notified in writing before the filing of the suit and prompt notice is given about all action taken. TxDOT has the right to become a party at any time for all purposes, including the right of appeal, at any stage of the proceedings.
Local governments are directed to acquire right of way for highways when requested and authorized by TxDOT, as provided for by existing laws. In the event condemnation is necessary, the local governments are to follow the same procedure as that described in
, inclusive.
After delivery to TxDOT of acceptable instruments conveying right of way to the state, TxDOT will reimburse the local government for the state's share of the cost of providing such right of way. The Comptroller of Public Accounts is authorized and directed to issue warrants on the appropriate ROW Project ID covering the state's obligations.