If a LPA cannot obtain a conveyance by negotiation, it will initiate condemnation proceedings. But, the LPA must not initiate condemnation proceedings until TxDOT authorizes such action. While the LPA is responsible for conducting the condemnation proceedings, TxDOT has the right to become a party to those proceedings.

The

ROW Eminent Domain Manual

, has a detailed breakdown of the eminent domain process.