Land-rights acquisition is when one or more parcels of land or permission to use a portion of land are acquired from property owner(s) for roadway and/or utility purposes. Examples are the widening of a road, or for the placement of water, sewer, power, and telecommunication lines.
What Is a Right-Of-Way?
Right-of-way is the right to pass over or pass through a property owned by someone else. A right-of-way is generally granted only for a particular purpose, like a public roadway, a utility easement on private property, or to allow for access to a landlocked tract, just to name a few.
Phases of Right-Of-Way Acquisition for State Roadways
Funding
This phase entails developing a written contract between the local agencies and the Department of Transportation outlining their roles and responsibilities. It will also have details of each party’s contribution to the funding.
Acquisition
In this step, the acquiring authority will acquire the right-of-way required for the project through regular negotiations with the concerned parties or through eminent domain.
Utility Accommodation
This phase is utilized to relocate any utility lines conflicting with the project.
Relocation
Residences, businesses, and personal property that conflict with the property acquired in the acquisition phase will likely need to be relocated. In some cases, relocation benefits are offered by the acquiring entity. These benefits often include relocation assistance and funding to relocate a residence, business, or personal property to a location that is not in conflict with the proposed improvements.
Project Closeout
TxDOT receives the LPA’s project records, acquisition instruments, and certification that it has complied with TxDOT policies and applicable federal and Texas laws.
Right-Of-Way and Utilities
Right-of-way acquisitions and utility relocations must be identified early in the construction process to ensure smooth execution. The local government and utility owners are responsible for mapping and communicating utility points to the Department of Transportation. A state like Texas, which is fast growing, sees many transportation and construction projects which necessitate acquiring right-of-way and, in some cases, relocation. It calls for thorough coordination between the Department of Transportation, Local Governments (LG), and utility owners.
The acquisition of right-of-way should only be undertaken by licensed, experienced professionals who are familiar with the intricacies of purchasing property and acquiring land use permissions for right-of-way purposes. The team at Whitman Land Group has years of experience working with utility companies, telecommunications giants, the Texas Department of Transportation, engineering firms, title companies, and developers. Call 832.730.5321 or click here for fast and hassle-free project execution!
