The counties and cities are responsible for the acquisition of right of way by either negotiation or condemnation on 90-10 (except on the alternate procedure) and Farm-to-Market programs per LPA Use of State’s Appraisals and Appraisers in Condemnation ( ).

In other programs where the state is the acquiring agency (including 90-10 projects converted to the alternate procedure), the OAG handles eminent domain proceedings.