Donations.

For local participation projects in which TxDOT is acquiring the right of way, the value of right of way donated by the LPA may be used as a credit toward the LPA's matching share of cost of right of way to be acquired for the project. Donation credit will not be applied if the LPA is the acquiring agency.

This credit must be supported by an appraisal indicating the fair market value of the land and improvements, if any, being conveyed to TxDOT, but should exclude any damage to the remainder. The fair market value should be established as of the effective date of the LPA's contractual agreement and should not include any increase or decrease in value caused by the project. The cost of appraisal will be the responsibility of TxDOT. ROW PD will review the submitted documentation and make a final determination of value; provided however, ROW PD may perform any additional investigation deemed necessary, including supplemental appraisal work by independent fee appraisers.

Credit will be given only for property transferred at no cost to TxDOT after the effective date of the LPA's contractual agreement and TxDOT's issuance of a letter of funding authority, and only for property which is necessary to complete the project, has title acceptable to TxDOT, and is not contaminated with hazardous materials. There will be no credit for property which is already dedicated and/or in use as a public road. Donation credit will be in lieu of monetary contributions required to be paid to TxDOT for the LPA's funding share of right of way to be acquired for the project. The total credit cannot exceed the LPA's matching share of the right of way obligation under their contractual agreement, and credits cannot be reimbursed in cash to the LPA, applied to project phases other than right of way, nor used for other projects. In the event the LPA's monetary contributions to TxDOT for acquisition of right of way, when added to its donation credits, exceed the LPA's matching share of the right of way obligation, there will be no refund to the LPA of any portion of its contributed money.