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<br />- <br /> <br />Program Guide <br /> <br />Call of 2005 - 2006 <br /> <br />Environmental analysis and public involvement requirements must be completed before <br />starting most real property acquisition activities. Acquisition projects often require special <br />environmental studies, even when no development will occur on the site. Examples include <br />archaeological or historic resources, endangered species studies, and hydraulic analysis. <br /> <br />An appraisal is required to acquire property for reimbursement or credit. For the purchase <br />of property in which "reimbursement is sought, an appraisal must be made determining the <br />fair market value of the property by a state certified appraiser listed with TxDOT. For <br />property that is acquired through in-kind donation, an appraisal will also be required to <br />establish the fair market value of the property for credit. However, the value of donated <br />property may be determined by an appraiser who is currently certified and licensed in the <br />state of Texas as a real estate appraiser, acceptable by the nominator's acquisition <br />practices, and is in adherence with state and federal laws. Reimbursement of real <br />property acquisition will be based on the current appraised fair market value of the real <br />property. Cost above the current appraised fair market value or replacement value is not <br />eligible for federal funding or credit. <br /> <br />Obtainil)g an appraisal at an early stage, for the purpose of estimating the capital cost of a <br />project, will not bar FHWA participation in project costs. Such an appraisal generally <br />serves the same function as the project estimate TxDOT prepares, providing cost <br />projections used in planning, applying for funding, etc. However, FHWA will not participate <br />in the cost of an appraisal prepared prior to environmental clearance, project approval and <br />federal authorization. <br /> <br />An offer to acquire real property must be in writing and may be made only after appraisals <br />are approved by TxDOT and funding is authorized. Commencement of negotiations <br />with real property owners prior to federal approval may jeopardize reimbursement <br />eligibility. <br /> <br />In preparation of a project nomination, obtaining an option to purchase real property is not <br />considered to be an offer to purchase. Therefore, the requirement that no offer be made <br />until after receiving environmental clearance and project approval, will not be violated by <br />obtaining an option. <br /> <br />Agreements between public authorities and acquisition consultants, private negotiators, <br />and private relocation assistance service firms must be approved by TxDOT. Federal <br />funds may be used only for costs incurred after TxDOT approves the agreement(s) and <br />gives the authorization to proceed. <br /> <br />Projects may require the securing of leases or easements as opposed to purchasing the <br />real property in fee. In such cases, a long-term lease or easement to secure the property <br />rights is required between the property owner and the nominator. A copy of the lease or <br />easement agreement must be provided to TxDOT prior to execution of the contract <br />between the nominator and TxDOT for project development. Property leases or <br />easements will not be eligible for in-kind donation credit or reimbursement. <br /> <br />32 <br /> <br />Statewide Transportation Enhancement Program <br />