Establishing 90-10 Right of Way Values

Establishment of an approved value for each right of way parcel is essential, since it ultimately may serve as a basis for the limit of state participation in the LPA negotiated parcel cost. The counties or cities also need current values in negotiations and for use in condemnation proceedings.
It is expected that an LPA usually will prefer to have the process of determining a property value completed and be in receipt of the state’s approval on a parcel before proceeding with the purchase, but this is not mandatory. However, if the LPA will seek reimbursement from the state, it must conform to all policies and procedures contained in this manual, especially those in . Special attention is directed to the fact that, regardless of the method of determining values, there is a definite need for TxDOT to keep its process of determining values abreast with LPA action in acquisition. Where improvements are involved, an intelligent analysis of value cannot be made unless such improvements can be evaluated in their existing condition and original position on the property. The appraisals and analyses must be made before any improvement is removed either through sale by the General Services Commission or through retention by the owner.
If a LPA retains the right to recommend values but is slow in submitting this recommendation, ROW PD should exercise TxDOT’s option of making an independent determination of value before any improvement is removed or before an award is made in condemnation.