Advance Acquisition of Land
was enacted in 2012. This law includes provisions for federal funding of right of way purchased by the LG in advance of final environmental approval. This law is specific and depends upon existing state statutory requirements. The TxDOT Right of Way Division (ROW) advises caution in advance acquisitions because, if used inappropriately, it could jeopardize federal funding for the project. Further guidance will be provided as the federal law is affected. A LG should consult with ROW attorneys concerning any consideration of advance acquisition. If an LG chooses to use its own funds for advance acquisition without seeking federal reimbursement, it can do so subject to the guidance in TxDOT’s
.