90-Day Notice - Issued on or after the initiation of ROW negotiations. Due to different project circumstances, the timing of the notice shall be at TxDOT’s discretion. All such notices shall include a statement that the displacee will not be required to move from his/her dwelling, business, farm, or NPO before (1) 90 days from the notice date or (2) if a residential displacee, the date that comparable replacement housing was made available, whichever is later. If the 90-day notice is issued before comparable replacement housing is made available, the notice shall state that the occupant will not be required to move earlier than 90 days after such comparable replacement housing is made available. In all instances, the 90-day notice shall state that the occupant will be given a separate 30-day written notice specifying the required date to vacate.

30-Day Notice - This notice, which is required for all displacees, shall inform the displacee of the specific date to vacate.

Do not give this notice until TxDOT has legal possession of the right of way

. The displacee shall be advised that the housing or rent supplement will not be increased later, unless the date to vacate is extended in writing by TxDOT. Any payment for incidental expenses and any increased interest payment shall be based on the lesser costs in effect as of (1) the displacee’s specified date to vacate or (2) the date the displacee actually moves, whichever is earlier.

Urgent Need - In unusual circumstances, and if it is determined by TxDOT that a 90-day notice is impractical because continued occupancy of the property would constitute a substantial danger to health or safety, an occupant may be required to move earlier. Prior to issuing a notice to vacate in less than 90 days, coordination shall be established with the ROW Program Office in order to obtain FHWA approval and special relocation entitlements. A copy of this determination shall be included in the applicable case file.