Land Acquisition
General
The acquisition of land for either road right of way or other purposes by the LG must follow state and federal laws and statutes.
collection provides several volumes of detailed information including links to necessary forms, extensive legal citations and a process flowchart. More detailed information related to reference manuals and examples are provided in the
.
Federal Constitution and Statutes
The U.S. Constitution limits governmental agencies’ right to obtain real property through eminent domain. That is, governmental agencies can exercise condemnation powers to obtain real property provided the property acquired is for a stated public purpose and is also acquired within limitations and conditions imposed in the Constitution as interpreted by the federal courts.
The primary federal statute pertaining to acquisition through eminent domain is the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (
). This law is typically referred to as the Uniform Act and includes the original statute plus its amendments.
The fundamental requirements of the Uniform Act are:
- a formal appraisal process to establish a property’s fair market value;
- a negotiation process free from coercion, promotes public confidence in the land acquisition program, ensures real property owners are treated fairly and consistently, and encourages expedited acquisition by agreements and minimizes the need for litigation;
- a relocation program providing fair and consistent relocation assistance services to displaced persons and ensures the displaced persons suffer no disproportionate injuries as a result of the project; and
- ensure agencies implement the Uniform Act and its regulations in a manner that is efficient and cost effective.
Although many federal agencies are subject to the Uniform Act, the Federal Highway Administration (FHWA) is the lead agency in its implementation. FHWA provides a complete explanation of the Uniform Act at its
website.
In the implementation of its right-of-way acquisition and contracting procedures, the LG should also be aware of the provisions of
. This statute provides that public funds not be spent in a way that tends to discriminate against certain classes of people. The U.S. Department of Justice is responsible for the enforcement of Title VI. More detailed information is found at the Justice Department’s
website.
Federal Requirements
- and of the – Requires all projects involving the purchase of right of way using state or federal funds, or which are on the state highway system, to meet the requirements of this Uniform Act and amendments thereto.
- – Contains specific guidance as to program administration, project development, real property management, property acquisition alternatives, federal assistance programs and concession agreements. The purpose of this regulation is to “ensure the prudent use of Federal funds … in the acquisition, management and disposal of real property.”
- – Provides specific rules pertaining to real property acquisition and relocation matters in order to “promulgate rules to implement the Uniform Act,” which is referenced above.
State Requirements
- The primary statutory authority for right-of-way acquisition is found in and in various provisions of the Texas Transportation Code. Administrative requirements are set out in , including .
Required Practices
The
provides a description of the required practices that must be followed during the purchase of land by a LG for specific types of projects. The responsibilities of both the LG and TxDOT are provided.