Utilities Presently Located on Both Public and Private Right of Way

In many instances, a single adjustment will involve facilities located on both public and private right of way. In these cases, the State’s participation in total right of way costs attributable to the adjustment will be proportional to the abandoned public and private property interest within the proposed right of way limits. If all adjustment work is confined to the facility that occupies the utility property interest, the State will reimburse 100% of all right of way costs incurred in making the required adjustment. The State’s participation must be limited to replacement-in-kind of the utility’s property interest, including length, width, and type. This is to be considered a broad statement of policy for use as guidance under normal conditions. There will be special situations requiring deviation from this rule. Such situations should be submitted to ROW Division for decision. It is, however, TxDOT’s intent to reimburse those utilities fully authorized by law, and special situations will be decided based on the intent of the Supreme Court ruling. When exceptional handling appears necessary, obtain the approval of ROW Division.