Under provisions of Transportation Code, , the Commission cannot condemn property used for or dedicated for cemetery purposes, as defined in

Health and Safety Code,

Sections 711.034

and . In some situations, through cooperation of local officials, a dedication may be set aside, but generally, this will not be possible.

There are certain cemeteries such as private ones and those maintained by fraternal and religious organizations to which the provisions of Health and Safety Code, Sections 711.034 and 711.035, apparently do not apply. It is suggested, however, that the acquisition of any cemetery be undertaken only if it is definitely impractical to avoid such an acquisition.

For more information on TxDOT’s acquisition policy on cemeteries, refer to the

ROW Acquisition Manual

, .