Section 1: Eligibility
Overview
On a project by project basis, residential tenants may be
eligible for an incentive moving payment for continuing to occupy
the displacement dwelling until TxDOT’s possession of the real property. Use
of this payment requires the ROW PD Manager to
submit a written request to the ROW Program Office for approval.
This request should be made prior to the initiation of negotiations
for any parcel on the right of way project.
Eligibility Requirements
To qualify for the continued occupancy incentive payment, a displaced residential tenant must meet the following criteria:
- Tenant is lawfully present in the United States as described in the previous chapter, .
- Tenant has actually and lawfully occupied the displacement dwelling prior to the initiation of negotiations (first written offer).
- Tenant agrees to continue in occupancy of the displacement dwelling until TxDOT has taken possession of the property, through either negotiation or condemnation.
- Tenant vacates the displacement dwelling within 30 days of formal notice after TxDOT takes possession.