reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter A - LAND ACQUISITION PROCEDURES › Section 21.10 - Negotiations

Current through Reg. 49, No. 28; July 12, 2024
(a) Every reasonable effort will be made to
				  acquire real property by negotiation and the full amount established as just
				  compensation will be offered for the property. Where appropriate, the just
				  compensation for the real property acquired and for damages to remaining real
				  property shall be separately stated.
(b) The department will make a bona fide
				  offer to acquire the real property from the property owner voluntarily, as
				  provided by Property Code, §
										21.0113.
				  All offers will be in writing, and will inform the owner of the owner's right
				  to discuss the offer with others or to keep the offer confidential, as provided
				  by Property Code, §
										21.0111.
(c) An initial offer to purchase or lease
				  will include copies of all appraisal reports that relate to the real property,
				  that were prepared during the ten-year period preceding the date that the offer
				  was sent to the owner, and that were produced or acquired by the department.
				  The initial offer will be sent to the owner of the real property by certified
				  mail, return receipt requested.
(d)
				  The final offer must be equal to or greater than the amount of an appraisal
				  obtained by the department from a certified appraiser of the value of the
				  property being acquired and the damages, if any, to any of the property owner's
				  remaining property. The department will include with the final offer a copy of
				  the appraisal on which the final offer is based, the conveyance document that
				  is to be signed by the property owner, and a copy of the landowners' bill of
				  rights statement required by Property Code, §
										21.0112,
				  unless the department has provided a copy of the document to the owner before
				  the final offer is made. The department will not make the final offer before
				  the 30th day after the date that the initial offer was delivered to the
				  owner.
(e) Before filing a petition
				  of condemnation, the department will give the property owner at least 14 days
				  after the date that the final offer was delivered to the owner to respond to
				  that offer.
(f) No owner shall be
				  required to surrender possession of real property before:
(1) payment of the agreed purchase
				  price;
(2) in the case of
				  condemnation, the amount of compensation stated in the final judgment is paid
				  to the owner or deposited with a court for the benefit of the owner;
				  or
(3) in the case of condemnation
				  when possession is required by the department prior to a final judgment being
				  entered, the department has deposited with the court, for the benefit of the
				  owner, the amount of a special commissioners' award or the amount of the
				  department's approved appraisal of the property, whichever is
				  greater.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter A - LAND ACQUISITION PROCEDURES › Section 21.11 - Requests to Counties and Cities for Acquisition of Right-of-Way

Current through Reg. 49, No. 28; July 12, 2024
The appropriate district engineer is authorized to furnish
					 to the applicable county or city the property legal descriptions and
					 right-of-way maps of land or right-of-way deemed necessary or convenient for
					 any road or highway to be constructed, reconstructed, maintained, widened,
					 straightened, or lengthened as a part of the state highway system. The property
					 legal descriptions and right-of-way maps are prepared to accommodate the
					 approved design of projects as authorized by the Texas Transportation
					 Commission.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter A - LAND ACQUISITION PROCEDURES › Section 21.12 - Reimbursement to Counties and Cities for Right-of-Way Acquisition

Current through Reg. 49, No. 28; July 12, 2024
Reimbursement to counties and cities for right-of-way
					 acquisition on designated United States or state highways will be made in
					 accordance with the terms of contractual agreements executed between the
					 department and the counties and cities for the right-of-way requested and
					 authorized by the department. An agreement is executed for each right-of-way
					 project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter A - LAND ACQUISITION PROCEDURES › Section 21.13 - Valuation for Real Property to be Acquired

Current through Reg. 49, No. 28; July 12, 2024
Prior to the making of an offer to purchase real property
					 for highway purposes by the department, approved values are determined based
					 upon appraisals (including short form appraisals, memorandums of value, or
					 opinions of value) of the real property to be acquired. The approved values
					 used for the final offer are determined based upon a written appraisal by a
					 certified appraiser. The owner or the owner's designated representative is
					 given the opportunity to accompany the appraiser during the inspection of the
					 property being appraised.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter A - LAND ACQUISITION PROCEDURES › Section 21.14 - Qualifications of Real Estate Appraisers and Other Technical Experts or Estimators

Current through Reg. 49, No. 28; July 12, 2024
The qualifications of real estate appraisers, and other
					 technical experts or estimators used in the acquisition of real property for
					 highway purposes must be approved by the department. The qualifications of a
					 real estate appraiser must include a requirement that the appraiser be
					 certified.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter A - LAND ACQUISITION PROCEDURES › Section 21.15 - Employment of Real Estate Appraisers, Technical Experts, and Estimators

Current through Reg. 49, No. 28; July 12, 2024
The services of real estate appraisers and technical
					 experts or estimators are obtained by the department on the basis of
					 professional service contracts in accordance with Chapter 9, Subchapter F of
					 this title (relating to Contract Management).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter A - LAND ACQUISITION PROCEDURES › Section 21.16 - Use of Options To Purchase for Advance Acquisition of Real Property

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may execute an option
				  contract for the acquisition of right of way and control of development rights
				  if the Texas Transportation Commission has authorized the expenditure of option
				  fees for a transportation facility project or corridor and the district
				  engineer determines that:
(1) the property to
				  be optioned is or may possibly be used in or in connection with the
				  transportation facility;
(2) the
				  size and location of the property to be optioned is reasonably related to the
				  possible future design and alignment of the transportation facility;
				  and
(3) the terms of the option
				  contract may be economically beneficial to the department by:
(A) establishing the purchase price at
				  current market value as of the date of the option contract;
(B) establishing a methodology for
				  determining a purchase price at the time the option is exercised to avoid the
				  necessity for condemnation;
(C)
				  restricting development or improvements that would substantially increase the
				  purchase price; or
(D) reducing the
				  time required for the acquisition of the property.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter B - UTILITY ADJUSTMENT, RELOCATION, OR REMOVAL › Section 21.21 - State Participation in Relocation, Adjustment, and/or Removal

Current through Reg. 49, No. 28; July 12, 2024
The adjustment, relocation, and/or removal of utility
					 facilities on the state highway system and reimbursement for the costs of such
					 work will be in accordance with a written agreement between the state and the
					 utility company or county or city, whichever is applicable.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter B - UTILITY ADJUSTMENT, RELOCATION, OR REMOVAL › Section 21.22 - Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) If the department determines that an
				  adjustment, modification, relocation, or removal of a utility facility may be
				  required by an improvement to a state highway, the department will provide the
				  utility with sufficient plans and specifications to enable the utility to
				  reasonably determine the future location, including depth of cover and required
				  clearances, if applicable, and estimated cost of the adjustment, modification,
				  relocation, or removal of the utility facility.
(b) The utility shall negotiate with the
				  department in good faith to reach an agreement on the terms of the relocation.
				  The agreement shall contain:
(1) all
				  necessary signatures by an authorized utility representative;
(2) plans and specifications sufficient to
				  determine the proposed location of the facility;
(3) cost estimates and support if the
				  adjustment, modification, relocation, or removal of the utility facility may be
				  eligible for department cost participation;
(4) proof of the utility facility's
				  underlying property interest if cost participation is sought; and
(5) a date by which the utility will begin
				  and an estimated date of completion of the adjustment, modification,
				  relocation, or removal.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter B - UTILITY ADJUSTMENT, RELOCATION, OR REMOVAL › Section 21.23 - State Participation in Toll-Related Relocations

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to the relocation of
				  utility facilities made necessary by:
(1) an
				  improvement of a nontolled state highway facility to add one or more tolled
				  lanes;
(2) an improvement of a
				  nontolled state highway that has been converted to a toll project on the state
				  highway system; or
(3) the
				  construction on a new location of a toll project on the state highway system or
				  the expansion of such a toll project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter B - UTILITY ADJUSTMENT, RELOCATION, OR REMOVAL › Section 21.24 - State Participation in Gas Pipeline Relocations

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies only to the
				  adjustment, modification, relocation, or removal of a gas pipeline that is
				  owned or operated by a gas corporation authorized to act under Utilities Code,
				  §
										181.005,
				  and that is located longitudinally on a state highway right of way.
(b) The adjustment, modification, relocation,
				  or removal of a gas pipeline owned or operated by a gas corporation made
				  necessary by an improvement to a state highway will be at the sole cost and
				  expense of the gas corporation, except that the department will reimburse the
				  gas corporation for that cost and expense if:
(1) the owner or operator of the pipeline has
				  a private property interest in the land occupied by the pipeline that is
				  adjusted, modified, relocated, or removed; or
(2) the pipeline is owned or operated by a
				  gas utility, as defined in the Utilities Code, §
											181.021 or a common
				  carrier subject to Natural Resources Code, Chapter 111, and meets the
				  requirements of Transportation Code, §
											203.092.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter B - UTILITY ADJUSTMENT, RELOCATION, OR REMOVAL › Section 21.25 - State Participation in the Relocation of Certain Publicly-Owned Utility Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A utility that
				  is a political subdivision or owned or operated by a political subdivision may
				  request the relocation of its utility facilities required by a state highway
				  improvement project be at the expense of the state under Transportation Code,
				  Section
				  203.092(a-4).
(b) To request relocation under this section,
				  the utility must make a written request to the department and submit:
(1) documentation that the utility, because
				  of an existing financial condition, would be unable to pay the cost of
				  relocation in full or in part at the time of relocation or that the utility's
				  ability to operate or provide essential services to its customers would be
				  adversely affected by such a payment made at that time; and
(2) documentation:
(A) on the utility's ability to obtain a
				  state infrastructure bank loan under Chapter 6 of this title (relating to State
				  Infrastructure Bank) and its ability to obtain other financing for the
				  relocation, including relevant financial information described in §
												6.23 of
				  this title (relating to Application Procedure); or
(B) that the utility is a political
				  subdivision, or owned or operated by a political subdivision, that has a
				  population of less than 5,000 and is located within a county that has been
				  included in at least five disaster declarations made by the president of the
				  United States of America in the six-year period preceding the proposed date of
				  the relocation; and
(3)
				  any other information or documentation requested by the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.31 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  AASHTO--American Association of State Highway and Transportation
				  Officials.
(2) Abandoned utility--A
				  utility facility that no longer carries a product or performs a function and
				  for which the owner:
(A) does not plan to use
				  in future operations; or
(B) is
				  unknown or cannot be located.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.32 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter prescribes the minimum requirements for the
					 accommodation, method, materials, and location for the installation,
					 adjustment, and maintenance of utility facilities within the right of way of
					 the state highway system. These requirements are provided in the interests of
					 the safety, protection, use, and future development of highways with due
					 consideration given to the public service afforded by adequate and economical
					 utility facilities.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.33 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) For highways under department
				  jurisdiction, the provisions of this subchapter concerning utility
				  accommodation apply to:
(1) new utility
				  facility installations;
(2)
				  additions to or maintenance of existing utility facility
				  installations;
(3) adjustments or
				  relocations of utility facilities; and
(4) existing utility facilities retained
				  within the right of way.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.34 - Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter governs matters concerning accommodation,
					 location, and methods for the installation, adjustment, relocation, and
					 maintenance of utility facilities on state highway rights of way, but does not
					 alter current authority for their installation nor determination of financial
					 responsibilities for placement or adjustment. To the extent that a federal or
					 state law, code, regulation, rule, or order prescribes a higher degree of
					 protection for highway facilities or the traveling public than the protection
					 provided by this subchapter, the federal or state provision
					 controls.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.35 - Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a) Exceptions to any provisions contained in
				  these sections and relating to utility accommodation shall be justified and
				  recommended for approval by the district engineer and authorized by:
(1) the Right of Way Division Director using
				  the form entitled "Certification for Utility Accommodation" for all utility
				  facilities occupying the right of way under a utility joint use agreement;
				  or
(2) the Maintenance Division
				  Director, when a use and occupancy agreement, other than a utility joint use
				  agreement, is received for a proposed utility installation on an existing
				  highway.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.36 - Rights of Utilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Under state
				  law, public utilities have a right to operate, construct, and maintain their
				  facilities over, under, across, on, or along highways, subject to highway
				  purposes. This includes entities authorized by law to transport or distribute
				  natural gas, water, electric power, telephone, or cable television and those
				  common carriers authorized to construct and operate petroleum product and
				  saltwater pipelines.
(b) A private
				  utility may place a utility facility over, under, or across a highway, subject
				  to highway purposes, but it is not permitted to place a utility facility
				  longitudinally on a highway right of way.
(c) A saltwater pipeline operator may place a
				  saltwater pipeline facility over, under, or across a highway, subject to
				  highway purposes. A saltwater pipeline operator may, by lease only, be
				  permitted to place a saltwater pipeline facility longitudinally within a
				  highway right of way.
(d) If an
				  entity requests the installation of a new utility facility or the adjustment or
				  relocation of an existing utility facility longitudinally within a highway
				  right of way and the entity's legal authority to install, adjust, or relocate
				  its facility longitudinally within the highway right of way is not readily
				  evident, the department may require that the entity provide:
(1) a written certification that it is an
				  entity authorized by state law to operate, construct, and maintain its utility
				  facilities over, under, across, on, or along state highways; and
(2) documentation that substantiates that the
				  entity filed its status with the applicable state regulatory commission or
				  agency and its facilities are subject to public safety regulation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.37 - Design

Current through Reg. 49, No. 28; July 12, 2024
(a) General. Utility facility design shall be
				  accomplished in a manner and to a standard acceptable to the department. The
				  location and manner in which a utility facility installation, adjustment, or
				  relocation work will be performed within the right of way must be reviewed and
				  approved by the department. Measures shall be taken to preserve the safety and
				  free flow of traffic, structural integrity of the highway or highway structure,
				  ease of highway maintenance, appearance of the highway, and the integrity of
				  the utility facility. Utility facility installations shall conform with:
(1) the requirements of this
				  subchapter;
(2) the National
				  Electrical Safety Code rules for the installation and maintenance of electric
				  supply and communication lines;
(3)
				  23 CFR Part 645 , Utilities;
(4) 49
				  CFR Part 192 , Transportation of Natural and Other Gas by Pipeline: Minimum
				  Federal Safety Standards;
(5) 49
				  CFR Part 194 , Response Plans for Onshore Pipelines;
(6) 49 CFR Part 195 , Transportation of
				  Hazardous Liquids by Pipeline;
(7)
				  49 CFR Part 196 , Protection of Underground Pipelines from Excavation
				  Activity;
(8) the latest American
				  Society for Testing and Materials (ASTM) specifications;
(9) the latest edition of the Texas Manual on
				  Uniform Traffic Control Devices;
(10) 30 TAC Chapter 217, Design Criteria for
				  Domestic Wastewater Systems;
(11)
				  30 TAC §§
											290.38-
				  290.47
				  (relating to Rules and Regulations for Public Water Systems);
(12) applicable state and federal
				  environmental regulations, including storm water pollution prevention,
				  endangered species, and wetlands;
(13) applicable Railroad Commission of Texas
				  and Texas Commission on Environmental Quality safety regulations;
(14) applicable department Traffic Control
				  Standards;
(15) department Standard
				  Specifications for Construction, Maintenance of Highway Streets and
				  Bridges;
(16) ASCE Guideline 38-02,
				  Standard Guidelines for the Collection and Depiction of Existing Subsurface
				  Utility Data; and
(17) Broadband
				  Accommodation Process, found in the TxDOT Right of Way Utilities Manual,
				  Appendix B.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.38 - Construction, Maintenance, and Inspection

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General.
(1) A utility is responsible for the
				  construction and maintenance of its utility facility, including installation,
				  adjustment or relocation, replacement, expansion, and repair. Construction and
				  maintenance must conform to the requirements of §
											21.37 of this
				  subchapter (relating to Design) and shall be accomplished in a manner and to a
				  standard acceptable to the department.
(2) The provisions of this section apply to
				  all utility facility types, unless otherwise specified in §
											21.40 and
				  §
											21.41
				  of this subchapter (relating to Underground Utilities and Overhead Electric and
				  Communication Lines, respectively) and the department's Broadband Accommodation
				  Process.
(3) Utilities with utility
				  facilities on the right of way shall preserve and protect the safety of the
				  traveling public and the public's investment in the highway facility.
(4) When an existing approved utility
				  facility requires construction or maintenance, the utility shall notify the
				  district 48 hours before the start of any work. In an emergency situation, the
				  utility shall notify the district as soon as possible.
(5) The utility may not cut into the pavement
				  or concrete riprap without written permission from the department.
(6) Utilities shall reimburse the department
				  for the cost of measures taken by the department in the interest of public
				  safety, restoration, clean-up, and repairs to the highway and right of way made
				  necessary by the utility's failure to comply with the provisions of this
				  subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.39 - Ownership, Function, Abandonment, and Idling of Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Change of ownership. If a utility sells,
				  assigns, or conveys its utility facility to another company, the new owner
				  must, within a reasonable period of time, notify the department of the sale in
				  writing and:
(1) provide the name, address,
				  and phone number of the new owner and a person to be contacted on matters
				  concerning the utility facility;
(2) acknowledge whether the new owner is a
				  public utility, common carrier, or other entity authorized by state law to
				  operate, construct, and maintain its lines over, under, across, on, or along
				  state highways as specified in §
											21.36(a)
				  of this subchapter (relating to Rights of Utilities); and
(3) update all call signs and
				  markers.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.40 - Underground Utilities

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) Encasement.
Attached
					 Graphic
(A) Underground
				  utility facilities crossing the highway shall be encased as shown in Figure
				  §21.40(a)(1). The encasement must be a single structure with no open
				  seams. If used, polyvinyl chloride (PVC) and high-density polyethylene (HDPE)
				  pipe shall be glued with an appropriate adhesive, bonded, or mechanically
				  fastened. Steel pipe shall be welded or bolted.
(B) The encasement may be of metallic or
				  non-metallic material, depending on the type of utility facility. If the
				  encasement is not schedule 40 polyvinyl chloride (PVC) pipe, high-density
				  polyethylene (HDPE), or made of steel, the utility must demonstrate that the
				  encasement is adequate for the expected loads and stresses.
(C) The length of any encasement shall
				  extend, as applicable, to within five feet of the right of way, two feet of a
				  connecting longitudinal line, or five feet beyond the face of the curb,
				  whichever is greatest. These lengths of encasement include areas under center
				  medians and outer separations. At a district's discretion, the district may
				  waive the encasement requirement under center medians or under outer
				  separations that are more than 76 feet wide. At a district's discretion and
				  after considering traffic volume, condition of highway, maintenance
				  responsibility, and district practice, the district may waive the encasement
				  requirement under side road entrances.
(D) Unless waived by the district, an
				  encasement is required for installation under other department structures, such
				  as retaining walls, headwalls, and sound walls.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.42 - Appeal Process

Current through Reg. 49, No. 28; July 12, 2024
(a) A utility may
				  file a petition of appeal to contest:
(1) a
				  supplemental accommodation requirement prescribed under §
											21.33 of
				  this subchapter (relating to Applicability);
(2) the application of a design,
				  construction, or maintenance requirement under §21.37 (relating to
				  Design), §21.38 (relating to Construction and Maintenance), §21.40
				  (relating to Underground Utilities), and §
											21.41(relating
				  to Overhead Electric and Communication Lines) of this subchapter;
(3) the denial of the utility's request for
				  an exception under §
											21.35 of
				  this subchapter (relating to Exceptions); or
(4) the denial of the utility's request under
				  this subchapter for either the installation of a new utility facility or the
				  adjustment or relocation of an existing utility facility.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.52 - Forms-General

Current through Reg. 49, No. 28; July 12, 2024
(a) Use and occupancy agreement forms are
				  required for use for utility facilities installed, adjusted, relocated, or
				  retained within highway right of way. These forms provide for a definite
				  understanding as to the location and manner in which utilities will be
				  installed and/or maintained and, where applicable, provide the necessary rights
				  needed by the state to occupy the property interests held by the utility
				  company. No term or condition of a use and occupancy agreement will be
				  construed to grant, convey, or extinguish an interest in real property held by
				  either the state or a utility.
(b)
				  On highway routes within the corporate limits of municipalities all utility
				  installations are to be in accordance with this part and subject to the state's
				  approval.
(c) Other forms are also
				  provided for conveyance of utility company property interests to the state when
				  such interests within highway rights of way are abandoned.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.53 - Joint Use Agreement Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) Joint use
				  agreement forms are to be used when a utility has a prior property interest
				  which is being retained within the highway right of way, and:
(1) when in connection with active highway
				  projects an adjusted or relocated utility facility occupies that part of the
				  highway right of way; or
(2) when a
				  utility facility is retained within that part of the highway right of way
				  without adjustment unless the utility has a previously approved department
				  joint use agreement covering the right of way limits and which includes
				  provisions for control of access when applicable.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.54 - Use and Occupancy Agreement Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) Use
				  and occupancy agreement forms, other than joint use agreements, are to be used:
(1) for new utility installation after
				  highway construction is completed;
(2) for new utility installation placed
				  before or during highway construction except where the utility has a
				  compensable property interest;
(3)
				  when in connection with active highway projects an adjusted or relocated
				  utility facility occupies part of the highway right of way; or
(4) when a utility facility is retained
				  within the highway right of way without adjustment unless the utility has a
				  previously approved department use and occupancy agreement covering the right
				  of way limits and which includes provisions for control of access when
				  applicable.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.55 - Abandoned Interests

Current through Reg. 49, No. 28; July 12, 2024
When, due to a highway construction project, a utility is
					 required to relocate its facility from property in which it owns a property
					 interest, the department will acquire the utility's abandoned property interest
					 within the new highway right of way.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.56 - Metric Equivalents

Current through Reg. 49, No. 28; July 12, 2024
All English units of measurement referenced in §§
										21.31-21.55 of this
					 title (relating to Utility Accommodations) may be converted to metric
					 equivalents as shown in Appendix A.
Attached
					 Graphic
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter C - UTILITY ACCOMMODATION › Section 21.57 - Temporary Saltwater Pipeline

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  temporary saltwater pipeline may be installed on highway right of way pursuant
				  to a lease from the department. Before a temporary saltwater pipeline may be
				  installed, the installation must be approved by the department.
(b) The outer diameter of a pipe used for a
				  temporary saltwater pipeline may not to exceed 12 inches.
(c) A temporary saltwater pipeline may not
				  operate at a pressure of over 60 pounds per inch.
(d) A temporary saltwater pipeline may not be
				  in place on highway right of way for a period that exceeds 180 days.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter D - EXPENSES INCIDENTAL TO TRANSFER OF TITLE TO STATE › Section 21.71 - Incidental Expenses

Current through Reg. 49, No. 28; July 12, 2024
After the acquisition of real property and to the extent
					 deemed fair and reasonable by the department, an owner may be reimbursed for
					 expenses necessarily incurred for the following:
(1) recording fees, transfer taxes, and
				  similar expenses incidental to conveying such real property to the state;
				  and
(2) penalty costs for
				  prepayment of any preexisting recorded mortgage entered into in good faith
				  encumbering such real property.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter F - DISPOSAL OF REAL ESTATE INTERESTS › Section 21.101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Transportation Code, Chapter 202,
					 Subchapter B, this subchapter sets forth the Texas Transportation Commission's
					 policy and procedures for sale of real property by sealed bid, proof of
					 ownership, and service fees relating to disposal of real property that was
					 acquired for a highway purpose and is no longer needed for that
					 purpose.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter F - DISPOSAL OF REAL ESTATE INTERESTS › Section 21.102 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings unless the context clearly
					 indicates otherwise.
(1) Attorney
				  General--The Attorney General of the State of Texas.
(2) Bid--A written offer in the form
				  specified by the department to purchase real property for a specified cash
				  amount and under terms and conditions required by the department.
(3) Bid deposit--A cash amount determined by
				  adding the proposed sale expenses including, but not limited to, the appraisal
				  fee, advertising fee, and surveying fee, plus an amount equal to 5.0% of the
				  appraised value.
(4)
				  Commission--The Texas Transportation Commission.
(5) Department--The Texas Department of
				  Transportation.
(6) Director--The
				  director of the right of way division of the department or the director's
				  designee not below the level of section director.
(7) District--One of the 25 geographical
				  district offices of the department.
(8) District engineer--The chief executive
				  officer in charge of a district of the department.
(9) Person--An individual, partnership,
				  corporation, limited liability company, organization, government, governmental
				  subdivision or agency, or any other legal entity.
(10) Real property--An interest in real
				  property that is held or controlled by the department for a highway purpose as
				  defined by Transportation Code, §
										203.051
				  and §
										203.052.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter F - DISPOSAL OF REAL ESTATE INTERESTS › Section 21.103 - Proof of Real Property Ownership

Current through Reg. 49, No. 28; July 12, 2024
The commission will require proof of real property
					 ownership when necessary to establish eligibility to acquire any real property
					 under this subchapter. Proof of ownership shall be in a form and content
					 acceptable to the department and shall be furnished by the
					 purchaser.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter F - DISPOSAL OF REAL ESTATE INTERESTS › Section 21.105 - Fees for Disposal of Real Estate Interests

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will charge a service fee
				  to cover basic costs in the disposal of real property under this subchapter.
(1) For quitclaims where the state holds no
				  record title, holds easement title only, or holds title subject to a
				  reversionary clause, a service fee of $300 will be charged to cover the costs
				  of handling each quitclaim.
(2) For
				  sales, a service fee will be charged in the amount of $300 or 2.0% of the sale
				  price, whichever is more. The service fee shall not exceed $1,600.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter F - DISPOSAL OF REAL ESTATE INTERESTS › Section 21.106 - Disposals Requiring Service Fee or Cash Consideration

Current through Reg. 49, No. 28; July 12, 2024
In all disposals requiring payment of a service fee or a
					 cash consideration, a written commitment to pay the fee or consideration must
					 be provided prior to action by the commission.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter G - RELOCATION ASSISTANCE AND BENEFITS › Section 21.111 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Commission--The Texas Transportation Commission.
(2) Department--The Texas Department of
				  Transportation.
(3) Displacee--A
				  person lawfully present in the United States who, as a result of the
				  acquisition of property for highway right of way purposes, is required to move
				  from a dwelling, business, or farm.
(4) District engineer--The chief
				  administrative officer in charge of a district of the department, or the
				  designee.
(5) Executive
				  director--The chief executive officer of the Texas Department of
				  Transportation.
(6) Relocation
				  Review Committee--A committee whose members are appointed under §
										21.118
				  of this subchapter (relating to Relocation Review Committee).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter G - RELOCATION ASSISTANCE AND BENEFITS › Section 21.112 - Relocation Assistance Advisory Service

Current through Reg. 49, No. 28; July 12, 2024
The department will establish a relocation advisory service
					 office that is reasonably convenient to individuals affected by right-of-way
					 acquisitions. Relocation services will be made available at hours convenient
					 to:
(1) occupants of property to be
				  acquired;
(2) occupants of property
				  immediately adjacent to the property acquired who will suffer substantial
				  economic injury because of the acquisition; and
(3) those who move from real property used
				  for a dwelling or who move their personal property because of the acquisition
				  of real property used for a business or farm.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter G - RELOCATION ASSISTANCE AND BENEFITS › Section 21.113 - Public Information

Current through Reg. 49, No. 28; July 12, 2024
In order to assure that the public has adequate knowledge
					 of the relocation assistance program, the department will discuss services and
					 benefits at public hearings, present them in a brochure, and give them in
					 writing to each displacee either by hand delivery or certified mail, return
					 receipt requested.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter G - RELOCATION ASSISTANCE AND BENEFITS › Section 21.114 - Written Notices to Displacees

Current through Reg. 49, No. 28; July 12, 2024
The following written notices shall be furnished to ensure
					 that each displacee is fully informed of the benefits and services
					 available.
(1) Notice of displacement.
(A) Owner-occupants. At the initiation of
				  negotiations for the property, the department will furnish the owner with a
				  written explanation of the eligibility requirements to receive relocation
				  payments for the acquired business or dwelling unit. The notice to an
				  owner-occupant of a dwelling for more than 180 days will include entitlement to
				  payments for replacement housing, incidental expenses, any increased interest
				  costs required for financing a replacement dwelling, and the option to rent if
				  the owner-occupant so desires. In addition, each owner-occupant will receive a
				  copy of the department's relocation brochure and an explanation of the
				  relocation services available and where they may be obtained.
(B) Tenants. As soon as feasible after the
				  initiation of negotiations for the purchase of the property, each tenant shall
				  be furnished a written statement that includes the date of initiation of
				  negotiations for the property and an explanation of the eligibility
				  requirements to receive applicable relocation benefits. In addition, each
				  tenant will be provided with a copy of the department's relocation brochure and
				  an explanation of the relocation services available and where they may be
				  obtained.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter G - RELOCATION ASSISTANCE AND BENEFITS › Section 21.115 - Applicability of Relocation Payments and Services

Current through Reg. 49, No. 28; July 12, 2024
Relocation payments and services are applicable to all
					 individuals, families, businesses, farm operations, or nonprofit organizations
					 who have held lawful physical occupancy and who are displaced as a result of
					 the acquisition of their real property, in whole or in part, for highway right
					 of way purposes, except that aliens who are not lawfully present in the United
					 States are not eligible for relocation assistance or payments. Individuals or
					 families who occupy living quarters on the same premises as a displaced
					 business, farm, or nonprofit organization are separate displacees for purposes
					 of determining entitlement to relocation payments. A displacee who relocates
					 without using the department's relocation services may be eligible for payments
					 if the relocation meets all eligibility requirements.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter G - RELOCATION ASSISTANCE AND BENEFITS › Section 21.116 - Moving and Related Expense Payments

Current through Reg. 49, No. 28; July 12, 2024
When a person is required to relocate as a result of the
					 acquisition of right-of-way for a highway project, the department will pay the
					 reasonable expenses of relocating the displacee and his or her business and
					 personal property, so long as the eligibility requirements are met. Payment
					 will be made for one move of not more than 50 miles to a single location,
					 unless the department determines it to be in the public interest to waive one
					 or more of these limitations.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter G - RELOCATION ASSISTANCE AND BENEFITS › Section 21.118 - Relocation Review Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive director will appoint at least three persons as members of the
				  Relocation Review Committee. To be eligible for appointment to or service on
				  the committee, a person may not be:
(1) below
				  the level of department division director, office director, or district
				  engineer; and
(2) directly involved
				  with the relocation assistance program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter H - CONTROL AND SCREENING OF JUNKYARDS AND AUTOMOBILE GRAVEYARDS › Section 21.131 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
These sections are established to define zoned and unzoned
					 industrial areas and to govern the location, planting, construction, and
					 maintenance of the materials used in screening junkyards and automobile
					 graveyards pursuant to the provisions of §9 of the Highway Beautification
					 Act enacted by the Second Called Session of the 62nd Texas Legislature and
					 codified as Texas Civil Statutes, Article 6674v-1, as
					 amended.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter H - CONTROL AND SCREENING OF JUNKYARDS AND AUTOMOBILE GRAVEYARDS › Section 21.132 - Definitions of Zoned and Unzoned Industrial Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) Zoned industrial areas for the purpose of
				  controlling junkyards and automobile graveyards are areas adjacent to those
				  highways which are officially designated as a part of the interstate system or
				  primary system of highways located within the State of Texas which areas are
				  within 1,000 feet of the nearest edge of the highway right-of-way provided such
				  areas are zoned industrial under the zoning or other legal authorities of this
				  state.
(b) An unzoned industrial
				  area shall mean an area within 1,000 feet of the nearest edge of the highway
				  right-of-way in which the land use is not so designated or zoned under
				  authority of law but which is within a distance of 1, 000 feet measured
				  parallel to the highway of one or more recognized industrial activities. Other
				  detailed characteristics of said areas: shall be located on the same side of
				  the highway as the principal part of said activity; and not predominantly used
				  for residential or commercial purposes. Industrial activities mean those
				  customarily permitted only in zoned industrial areas except that none of the
				  following shall be considered industrial activities:
(1) outdoor advertising structures;
(2) agricultural, forestry, ranching,
				  grazing, farming, and similar activities including but not limited to wayside
				  fresh produce stands;
(3) transient
				  or temporary activities;
(4)
				  activities not visible from the main traveled way;
(5) activities more than 1,000 feet from the
				  nearest edge of the right-of-way;
(6) activities conducted in a building
				  principally used as a residence;
(7) railroad tracks and minor sidings except
				  in the area of a permanent facility for loading and unloading trains;
(8) junkyards as defined in §2G of the
				  Highway Beautification Act.