PUEs are rights obtained by an LPA when property is platted or re-platted for development. Right of way is reserved to accommodate utility access to the development. This right of way is intended for use of all utilities, and therefore conveys a compensable interest to any utility placed within the easement. However, the PUE does not convey a replacement right of way interest to any occupants of the PUE. The Texas 14th Court of Appeals ruled that utilities should be reimbursed for costs directly attributable to work performed in a PUE.

All utilities within a PUE have compensable rights if any portion of the easement were to be incorporated into the proposed right of way limits of a transportation project. The incorporated portion gives the utilities within that portion the right to request TxDOT cost participation in any adjustment to those specific facilities.

In this case, the utilities located within the easement would be eligible for costs to relocate or adjust their facilities on a one-time basis, and would not be eligible to retain any future compensable rights.