On new or existing locations when neither policy nor design provision requires a pass facility at full TxDOT expense, the fixed amount to provide a pass, as determined in the right of way process, will be financed by the LPA or the property owner. This requires an agreement which must spell out the exact conditions of the parcel transaction.

Contact the ROW Program Office if this agreement is needed.

All negotiations are handled directly between the LPA and the owner, with the special purchase agreement requiring that any cash payment due the owner be paid by the LPA. Any cash contribution owed by the property owner is paid directly to the LPA. TxDOT is bound by contract to construct the pass structure.

When the purchase agreement is submitted for execution by the state, it must include the LPA's warrant, payable to the "Texas Department of Transportation," in the full amount of the estimated pass cost, which is the amount determined in the appraisal process as the added cost to provide the pass. TxDOT will reimburse the LPA for TxDOT's part of this right of way cost at the time of reimbursement for the parcel. When the pass cost exceeds the parcel cost, the LPA may elect to require full contribution from the landowner. However, TxDOT reimbursement will be limited to the LPA's actual cash payment (if any) for the parcel, including the estimated pass cost in an amount not to exceed 90 percent of TxDOT's approved parcel value without a pass facility.

Submit an electronic copy of the special purchase agreement to TxDOT for approval before the closing of a transaction. Since the special purchase agreement provides that the contract will be null and void if owners cannot deliver satisfactory title, title evidence does not need to be furnished when the purchase agreement is submitted for approval.