Adequate right-of-way to accommodate the approved design of projects on designated state highways may be acquired directly by the staff of the department, by the utilization of the services of a right of way acquisition provider under contract with the department in accordance with Chapter 9, Subchapter F of this title (relating to Contract Management), or directly by counties or cities in accordance with §21.11 and §21.12 of this subchapter. If eminent domain proceedings are necessary, acquisition is handled by the Office of the Attorney General unless a specific acquisition contract or agreement with a county or city provides that the county or city will handle eminent domain proceedings.

Source Note: The provisions of this §21.1 adopted to be effective January 1, 1976; amended to be effective January 2, 2002, 26 TexReg 11052