Right of way acquisition is a very important part of many land surveying projects in developing areas and as a result, more and more people are becoming familiar with this practice as it applies to their property. In a nutshell, right of way acquisition speaks to the concept of using a portion of private property for municipal or commercial means via a negotiation and compensation with the owner of that land. Common examples include negotiating access roads or line burials that may interfere with or pass through private property.
Understanding how right of way acquisition works is best approached from the perspective of land surveying in Floresville, TX because it has to do with how land is set up and what rights property owners have to their land. Take a look at the steps that come with right of way acquisition and how it works:
- Research: Companies or municipalities will research all possible solutions for their problem that don’t interfere with private property. If the only solution interferes with private property, more research is done to determine the extent and any mitigating factors that may be overlooked. Land surveying in Floresville, TX is often a crucial part of this initial phase.
- Owner contact: When the project that interferes with private property has been mapped out and established, the owner of the property is often contacted to inform them of the proposal and to offer compensation for use of a part of their land.
- Negotiation: Unless the offer of compensation is accepted outright, there’s often negotiation for use of the land via the landowner and the party seeking to use it. This process often involves a lot of back and forth and frequently requires a law professional present to ensure a binding bargain is struck.
Now, the above process is a pretty cut and dry one, but it’s not the only possibility when considering right of way acquisition… there’s also the prospect of eminent domain.
Eminent domain is generally invoked when private landowners refuse to cooperate or are unwilling to work with municipalities when it comes to important tracts of land. In this case, the municipality would submit a claim to the land to the State court and after review, the court would either grant use of the land to the municipality or revert full ownership to the landowner. This process is often messy and not done on the friendliest terms.
In either case—cooperative negotiation or eminent domain—land surveying in Floresville, TX plays a highly important role in how the situation is approached. Interested parties and the land holders both need to understand the value of the land, the portion in question and any peripheral effects usage of the land could have on the property before negotiations begin or a ruling is made. In this way, the most important thing that can be done is to have the land thoroughly surveyed and valuated.