CTTS - Central Texas Turnpike System

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RIGHT OF WAY ACQUISITION AND RELOCATION ASSISTANCE
Introduction
	The Texas Department of Transportation is responsible for planning, building and maintaining the state highway system. To construct new roadways or expand existing highways, it is necessary to acquire property. By law, private land may not be taken for public purposes without adequate compensation to the property owner. In each case, TxDOT will offer fair market value that will justly compensate property owners. TxDOT's goal is to evenly balance the rights of property owners with a fair compensation for their land while ensuring taxpayer dollars are spent efficiently.
Right of Way Determination and Identification of Property Owner
	After the general alignment of the project is determined, surveys are conducted and specific property needs are determined. A title report, property description and land/parcel maps are created. Property owners are identified based on this information.
Right of Way Appraisal and Offer
	Affected property owners are sent a letter identifying the need for their property. The letter introduces the consultant who will handle the acquisition and relocation process on behalf of TxDOT. Next, the appraiser contacts the property owner to request permission to enter the property to conduct an appraisal. The appraisal is the basis for determining the property's fair market value. The property owner may accompany the appraiser on the property inspection. After TxDOT's review and approval of the appraisal, the property owner will be provided with a written offer in the amount of the approved value as well as a copy of the appraisal report. If the property owner disagrees with the appraisal value, a written counteroffer may be submitted. It should include a specific dollar amount with information supporting the counteroffer. Only one counteroffer may be submitted. The counteroffer will be reviewed by TxDOT and the property owner will be notified of the decision.
Purchase or Condemnation of Right of Way
	If a property owner accepts the offer by TxDOT, or if TxDOT accepts the counteroffer, purchase documents are prepared and payment is issued. If an agreed purchase price cannot be reached, condemnation proceedings are initiated. In condemnation hearings, the court will appoint three disinterested landowners to serve as special commissioners and a hearing will be held to determine the value of the property being acquired. During the hearing, the property owner and the state will present documentation supporting the value of the property. The commissioners will determine the value of the property and file their decision with the court. As soon as the state deposits the amount of the award with the court, it takes possession of the property and ownership of the property is transferred to the state. If either party is dissatisfied with the amount, objections must be filed within the time limits prescribed by law and the case is tried in the same manner as other civil cases. The basic issue decided in eminent domain cases is just compensation for the property being acquired.
Relocation Assistance
	For those affected by the project, TxDOT provides payment and services to aid in the move to a new location. Relocation assistance is available to families, businesses, farmers, ranchers and nonprofit organizations displaced as a result of the project. This applies to tenants as well as owners occupying the property. Before a person or organization is required to move, they will be given adequate time to find other housing or business accommodations. Each of those affected will be given written notice and a date to vacate. Property owners will be given at least 90 days written notice of the date by which they must move. Property owners eligible for relocation benefit will be provided with a relocation assistance booklet. Those eligible for relocation benefits should not move until they have been contacted by a relocation assistance counselor and have established eligibility for possible relocation benefits. Moving prematurely may result in forfeiture of these benefits.
Contacts
	On SH 45 and Loop 1, contact the Central Texas Turnpike Project Office at 512-225-1300 for information on the right of way and relocation assistance. On SH 130, contact the Public Information Office of LSI at 512-681-6302.
This is intended only as a summary of the TxDOT right of way acquisition and relocation assistance. For more information on the Central Texas Turnpike Project, contact 512-225-1300. Texas Department of Transportation October 17, 2002

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