To initiate a ROW project:

the work must receive program approval by the Commission;
schematics
must be approved (See the
Project Development Process Manual
.);
public involvement requirements must be met. (See the
Project Development Process Manual
.); and
environmental clearance requirements must be met. (See the
Project Development Process Manual
.)

The authority to proceed from the ROW Division and issuance of the General Expenditure Authorization, to cover the project costs, must be deferred until these preliminary requirements are complete.

After the project is authorized, the ROW staff is responsible to plan project development to completion. The ROW staff should undertake the following actions in a coordinated work plan:

establish early coordination with utilities and railroads;
acquire ROW;
relocate displaced persons or businesses;
remove improvements; and
coordinate required utility adjustments.

Eminent domain (ED) proceedings should occur only when negotiation is unsuccessful. Once legal proceedings begin, they should be given priority handling, at least through deposit of the Commissioners' Award, which provides possession of the ROW. The ROW staff will assist with eminent domain proceedings. However, under the Constitution of the State of Texas, the Attorney General's Office (OAG) must act as counsel for TxDOT in Commissioners' Hearings and

all

court proceedings.

Area Engineer staff should consult with the Right of Way staff regarding special design and construction issues that may relate to ROW negotiations.