Overview

Land transactions between TxDOT and local governments (LGs) are divided into two broad categories for the purposes of this Manual and the Local Government Project Management Guide (LGPM Guide) – right of way for roads and interests in land used for other purposes.
  1. Right of Way for Roads
     – For most road and highway projects, the advance funding agreement (AFA) will define which party is providing funding and coordination for the purchase of right of way. Projects may involve the use of local, state or federal funds for the purchase of right of way and may be subject to the requirements of
    Title II
    and
    Title III
    of the
    Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
    , and amendments thereto. Even projects entirely locally funded require TxDOT oversight if the project impacts the state highway system.
  2. Interests in Land Used for Other Purposes
    – The second category of TxDOT/LG land transactions relate to land acquired for purposes other than highway right of way. Interests in land used for other purposes may include different forms of real property, such as buildings or other structures. In these cases, specific program rules may impose unique requirements on the LG. If real property is acquired by the LG for a project other than roads, the same requirements listed under “Right of Way for Roads” will be in effect.
The
LGPM Guide
provides a more detailed description of the types of land transactions which may be involved in an LG project.