Procedure

For rural projects, during the initial design a determination is made of the ownership, current usage, and operational requirements of each land use interest affected by the project. A determination is made of the approximate number and location of passes required or desired by landowners and lessees. Passes will be categorized into: (1) those automatically available due to drainage needs, (2) those warranted to meet safety needs, and (3) all other passes where dual appraising under
43 TAC Section 21.81(1)(F)
will be required to determine justification and cost participation in order to mitigate damages.
When a pass is proposed as a safety measure, prior to design prepare a special report for the public hearing and forward it to the ROW Program Office for review. The ROW Program Office forwards the report to the Deputy Executive Director for Transportation Planning and Development and the FHWA, when appropriate, for approval. Include the following information in this report:
  • Adequate plans and an accurate and complete right of way ownership map. This letter-size map should describe and show:
    • all public roads;
    • proposed construction features, such as drainage structures and their size, separations, interchanges, and access control features;
    • water sources;
    • leased lands, including type of land involved;
    • location of major improvements; and
    • any unusual topographic features.
  • Land use information such as:
    • fee acreage, separated by land classification;
    • federal and state leased land acreage, generally described; and
    • private leases, if any.
  • Present "highest and best use."
  • Any change in access due to proposed construction.
  • Water facilities affected and "cost to cure."
  • Any other available means for livestock and machinery highway crossings.
  • Ways and means livestock or machinery may or may not cross the proposed highway, including the frequency of crossings and the number and type of livestock or machinery units involved.
  • How present operations will be changed after construction.
  • How other ownership may be affected.
  • The "highest and best use" after the taking, if changed.
  • List of improvements and approximate value of each, if affected by the taking.
  • Enhancement of property due to project construction.
  • Traffic data and estimated cost of the safety pass.
  • The District Engineer's summary of findings, conclusions, and recommendations.