Every acquisition from public school properties can represent an entirely different challenge with possibly a different solution in each case. Therefore, when the proposed right of way affects a public school property, the appraiser should inspect the property and determine whether the acquisition causes a loss in utility to the public school facility. If there is only a minor acquisition and it appears obvious there will be no loss in use, appraisals will be obtained in the usual manner. If a loss of use appears likely, ROW PD should obtain a technical expert report.

The technical expert employed should be an architect or other expert in the field of public school requirements qualified to determine the loss of use that the public school may suffer due to the right of way acquisition. TxDOT will contract with the technical expert to determine if the public school facility suffers a loss of use because of the acquisition.

If the finding is in the affirmative, the technical expert shall submit a narrative report to establish what is required to restore the public school facility to the same or reasonably equal use that it enjoyed prior to right of way acquisition. It should be noted that the substitute facility must be a building that the public school district is legally required to construct and maintain, regardless of whether this facility is more expensive or efficient than the one acquired. If replacement land is required, the report should establish the amount needed and the general area in which such land must be acquired. If reconstruction and/or replacement of the public school facilities are necessary, the extent of the required work should be described. The report should explain the basis for the expert’s conclusions, and the approximate cost data should be included for the guidance of the appraiser. If replacement land is required, the appraiser can supply approximate cost information. Of course, if the expert finds that the public school has not suffered a loss in use, the report should establish the basis for this conclusion.

If there is no loss of use to the public school or no need for replacement land, the matter resolves to simply appraising the value of the land acquired with no damages allowed to the remainder.

No further acquisition work should be performed until the expert’s report has been received and analyzed by ROW PD and a course of action has been determined.

In preparing for condemnation of any public school property, regardless of whether loss of use is involved, both the usual appraisals and the alternate appraisals are to be obtained as discussed in . If both types of appraisals are required, they may be obtained concurrently when justified.