Government agencies plan ahead on road projects
A right-of-way is a legal agreement that allows one entity to use another's property for transportation purposes. The term commonly comes up when dealing with road expansions, extensions or other transportation projects and is an integral part of the planning process.
To extend or widen a roadway, one must first purchase right-of-way from all land owners whose land is being used, according to Montgomery County Precinct 2 Commissioner Craig Doyal. A right-of-way can be purchased by a county, city or statewide entity, such as the Texas Department of Transportation.
"Most of the right-of-ways we acquire are for the expansion of existing roadways, such as FM 1774 and FM 1488," he said. "We also try to purchase what we know we'll need to cover future road projects in the county's Major Thoroughfare Plan, like extending Woodlands Parkway and Nichols Sawmill Road."
The cost of each right-of-way varies and depends on the general value of the land, Doyal said.
"The value is based on what the potential for that land is," he said. "Land right on the corner of FM 1488 and FM 2978 is going to be more expensive than land on Nichols Sawmill Road. For that same reason, commercial property is much tougher to buy than residential."
The process of purchasing right-of-way for a city or county typically begins by hiring an appraiser to appraise the land in question. After that, the purchaser will offer the land owner market value for the property.
"If they feel like our appraisal is low, they can challenge that with their own appraiser and we'll negotiate," he said. "If we can't come to an agreement, we go to a special commission that is made up of three individuals—usually people in real estate—that have a pretty good idea of the value of land. That commission will listen to both arguments and make a determination."
If the land owner is still unsatisfied with the appraisal, he or she can appeal the decision all the way up to the Supreme Court of Texas. However, such situations are very rare, Doyal said.
"Every now and then it will go to a commissioner's hearing, but that's usually where it stops," he said. "Most of the time we can negotiate a deal because we try to offer people fair value for their property."
When purchasing right-of-way, the county only seeks to purchase just enough to construct the road and provide adequate drainage through roadside ditches, Doyal said. The county typically will hold on to the right-of-way it purchases forever, he said.
"We try to minimize what we purchase. We don't want to be in the real estate business," he said.
For Doyal, the right-of-way to purchase is laid out in the county's Major Thoroughfare Plan. Generally, he said, he tries to buy the right-of-way he knows he will need for future projects as soon as the money is available.
He is in the process of purchasing the last few parcels of land needed for the extension of Woodlands Parkway from FM 2978 to Hwy. 249.
"My thoughts are that the right-of-way will never be less expensive or more available than it is today," he said. "If we can acquire it ahead of time before development occurs, we don't have to worry about a subdivision being built right in the middle of where we need to build a road."
Aside from Woodlands Parkway and Nichols Sawmill Road, Doyal said the county does not own any other right-of-way for future road projects. When money becomes available, he plans to buy right-of-way to prepare for the widening of McCaleb Road north of FM 2854.
