Chapter 6: Right of Way and Utilities
Section
1:
Introduction
The acquisition of right of way or other property
and the accommodation of utilities located near or on property impacted
by a transportation project necessitate close coordination between
the state and cities, counties and other forms of local government
(LG). TxDOT has cooperated with LGs in the acquisition of real property
and utility relocations for many decades. Projects on the state
or national highway system, projects involving the intersections
of LG roads with the state highway system or projects including
state or federal funding program requirements are required to coordinate
closely with TxDOT.
Right-of-way acquisition and utility relocation issues must
be identified in the early phases of a transportation project. Details
of the responsibilities of the LG and TxDOT must be included in
the advance funding agreement and may be an integral part of the
preliminary design. A state letter of authority and possibly a federal
project authorization and agreement may be required prior to initiation
of right-of-way acquisition or utility accommodation. The LG must
follow the
if
any federal funds are used for any part of the project. This law
applies even if the LG is providing all the funds for land acquisition
or right-of-way purchase but is receiving federal funds for any
part of engineering design or construction.
Right-of-way and utility issues will need to be resolved prior
to the Construction phase for most transportation projects. This
chapter of the Local Government Projects Policy Manual and the companion
provide general guidance
to the LG for issues related to acquiring right of way and other
land, relocation of utilities in the right of way and the provision
of utility service to projects.