1994-10-24 Public Hearing and Regular Meeting

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- e Right of Way Manual Part 1. State Cost Participation in County/City Right of Way Acquisition 300. Statutory Authority and Policies for State Cost Participation 300.01 Statutory Background for State Cost Participation Article 6702-1, Sec. 4.301, Subsec. C, V.A.C.S., as amended, provides that in the acquisition of all rights of way authorized and requested by the Department, in cooperation with iocal officials, for all '~ighways designated by the Commission as United States or State Highways, the Department is authorized and directed to pay to the counties and cities not less than ninety (90) percent of the value as determined by the Department of such requested right of way, or the ne t cost thereof, whichever is the lesser amount. The percentage of reimburse- ment may be fifty (50) percent in projects which were contracted prior to the amending of the referenced law (see Minute Order No. 72989). See Section 300.03 for further details regarding the two different bases of reimbursement. If con- demnation is necessary, the participation by the Department shall be based on the final judgment provided that the Department has been notified in writing prior to the filing of such suit and prompt notice is given as to all action taken therein. The Department shall have the right to become ,a party at any time for all purposes including the right of appeal at any stage of the pro- ceedings. The various counties and cities are authorized and directed to acquire that right of way for highways which is requested and authorized by the Department, as provided by existing laws, and in the event condemnation is necessary, the procedure shall be the same as that set out in Sections 21.001 to 21.065 inclu- sive, Property Code, Vernon's Annotated Revised Civil Statutes of Texas. Upon delivery to the Department of acceptable instruments conveying to the Stat~ the required right of way, the Department will prepare and transmit to the Comptroller of Public Accounts vouchers covering the reimbursement to such county or city for the Department's share of the cost of providing such right of way, and the Comptroller of Public Accounts is authorized and directed to issue warrants on the appropriate account covering the State I s obligations as evl.- denced by such vouchers. 300.02 Commission Authorization for Right of Way Project Eligibility All right of way projects on United States and State Highways, Spurs, Loops, and Park Roads, on which right of way acquisition has been approved by the Commission, by program or individual minutes, are eligible for execution of right of way contractual agreements between the Department and the counties and cities. 3-1