With State Participation: The acquisition of right of way will be the responsibility of the LPA with participation by the state as specified by law and agreed upon in the contractual agreement. The LPA shall obtain a title policy. The state's payment for title company services includes the cost of closing services. The benefits of the Relocation Assistance Program will be administered by the state, unless otherwise stated in the agreement with the LPA (see

ROW Relocation Assistance Manual

). Property owner's incidental costs to transfer property to the state may be reimbursed by the state.

Without State Participation on or off the State Highway System: Since acquisition is the responsibility of the LPA, the LPA may choose to purchase a title insurance policy. However, the LPA will be responsible for providing clear title to the acquired property. The state will administer the benefits of the Relocation Assistance Program only if required by the agreement with the LPA.

TxDOT will advise the LPA when all have been met and acquisition can be initiated. Acquisition responsibilities that lay with the LPA, and the amounts disbursed, will be at their discretion subject to certain requirements imposed by of the

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

, as amended and federal regulations pertaining to said act. For projects with state cost participation the state's approved value sets the upper limit eligible for reimbursement if the parcel is acquired by negotiation. The LPA will not offer less than the state's approved value. While it is permissible for TxDOT right of way personnel to assist the LPA in their right of way acquisition, it is not intended that such personnel actually perform any of the responsibilities.