Whenever an award by the special commissioners is greater than the approved value, TxDOT and the LPA should make every effort to agree on whether or not to appeal the award. Although the final decision for appeal rests with the LPA, TxDOT's desires should be strongly considered by the LPA in making its final determination. In the event the LPA fails or refuses to file an appeal, the ROW Program Office will decide whether or not to recommend intervention by TxDOT in the condemnation proceedings.