Statutory Authorization

.

Transportation Code

, Section 203.051, authorizes TxDOT to acquire whatever interest in any property that is needed for highway ROW purposes. Usually, TxDOT will enter into an agreement with a local government (LG) that established responsibilities of each agency in the acquisition process.

Transportation Code

,

Section 224.002 (a)

states that an LG must acquire highway ROW as requested by TxDOT. The statutory authority allowing LG's to contract with TxDOT for acquiring needed ROW is found in

Transportation Code, Section 224.005

. Terms and conditions of any agreement entered into by and between TxDOT and an LG is determined between the parties.

Transportation Code, Section 224.005 (a)

provides that TxDOT must reimburse an LG not less than 90% of the cost of the ROW.