Commission Authorization of County Eminent Domain

Authority for counties to acquire highway ROW by purchase or condemnation is contained in
Transportation Code, Section 224.003
. To prevent the undue burden of TxDOT obtaining a separate minute order for each section of highway, with attached volumes of property descriptions, a policy and procedure was established by the Texas Transportation Commission as set forth in Minute Order No. . When a county requests formal verification of the State's request for the acquisition of certain ROW, furnish it a certified copy of Minute Order No. 42204, accompanied by a
certification
by the District Engineer or designee in accordance with Minute Order No. 42204. Certified copies of this minute order may be obtained from the ROW Program Office. This procedure will meet the requirements of
Transportation Code, Section 224.003
.