Section 2: Administrative Requirements to Begin Right of Way Acquisition

General Requirements

Before a LPA can acquire right of way for a project on the state highway system (on-system), the following requirements must be met:
  • Texas Transportation Commission (Commission) approves the project.
  • The project receives environmental clearance.
  • TxDOT approves a right of way map, property descriptions and parcel plats (See the
    ROW Preliminary Procedures for the Authority to Proceed Manual
    ,
    Chapter 4, Surveying, Maps, and Parcels
    ).
  • Federal and/or state funding for right of way acquisition has been approved.
Once all prerequisites have been met, TxDOT's LPA Coordinator will advise the LPA when it may begin acquisition activities.

Advanced Acquisition

In limited circumstances, a LPA can acquire right of way before a project receives environmental clearance. Any acquisition made before environmental clearance must come from the LPA's funds and is done totally at the LPA's sole risk. See the
ROW Acquisition Manual
,
Chapter 3, Section 6, Advance Acquisition of Right of Way (for LPA)
.

Required Processes and Procedures

If state funds are used on any portion of an on-system project, the LPA must follow TxDOT's processes and policies, and use TxDOT's forms in the purchase of right of way. In addition, the LPA must comply with the Uniform Act for all on-system projects and for any off-system projects that receive federal funding.