Request for Determination of Eligibility - Right of Way Sub-process Activity VII

(Also, refer to Right of Way Sub-process
Activity XII
)
  • Participants
  1. Local Public Agency (LPA)
  2. TxDOT Utility Liaison
  3. TxDOT ROW Program Office
  • Objectives
  1. Validation of reimbursement eligibility and determination of ratio.
  2. Minimize LPA risk of authorizing utility work deemed non-reimbursable by TxDOT.
  • Activity Narrative
  1. At their option, the LPA may request that TxDOT provide an advance determination of reimbursement eligibility. Before the LPA makes commitments to utilities, TxDOT will confirm eligibility and establish the ratio that will be used for reimbursement to the LPA.
  2. The District will review the preliminary plans and estimates regarding the scope and economics of the proposed adjustment, extent of eligibility in respect to compensable interests held by the utility, eligibility of items reflected in the estimate, UAR, betterment, and other matters in order to ensure that a definite understanding is reached concerning the proposed adjustment.
  3. If the LPA chooses not to request this early determination of eligibility, then the amount of reimbursement to the LPA will not be determined until the work is completed and the LPA has been billed by the utility. Failure to exercise this option presents an element of risk, in that all costs incurred may not be included in the final determination of the upper limit of TxDOT cost participation and therefore would not be reimbursable. For this reason, TxDOT encourages the LPA to avail itself of the option to request a determination of eligibility.
  4. This request must be submitted
    before
    work is authorized by the LPA.