Businesses, residents prepare for Hwy. 290 expansion

With each transportation project, an environmental impact statement, or EIS, is drafted to determine the project's scope and the effect it will have on the surrounding area. Once the EIS is completed, land must be acquired to build, widen or enhance roads, which typically results in a right of way purchase.

In Northwest Houston, the Hwy. 290 expansion calls for the purchase of 358 parcels along the corridor by the Texas Department of Transportation.

"Right of way acquisition is needed if it is determined that a road widening project is necessary for the betterment of the community," said Karen Othon, TxDOT public information officer. "Traffic and engineering studies are conducted and public input is obtained prior to moving forward with right of way acquisition."

Right of way is a legal agreement that allows one entity to use another's property for public use, such as transportation purposes. There are more than 1 million acres of right of way controlled by TxDOT throughout the state, and the right of way division helps coordinate land acquisition and utility adjustments and provides relocation assistance to businesses and landowners. Easements can also be purchased by cities, counties and statewide entities such as TxDOT to use a portion or all of an owner's land to relocate utilities or expand projects.

The policy for right of way acquisition in Texas follows a specific timeline. Under Texas law, no one is required to move from their respective property without a written notice received at least 90 days prior to the relocation. The notice includes an offer letter, a copy of the appraisal report and an "acknowledgement of receipt of appraisal" along with an addressed and stamped envelope. Businesses and landowners are able to hire an outside firm to appraise their property to determine a fair payment.

The timeline for the right of way process can last from six to eight months, or up to 12 months if a property is acquired through eminent domain, Othon said.

If an agreement between the owner and the purchasing entity cannot be reached, eminent domain and state law allows the purchaser to take the property after the owner receives just compensation.

"The right of way process does not stop at acquisition," Othon said. "Property owners and tenants who are being displaced are eligible for relocation benefits, which include reasonable moving costs and related expenses. The appraisals are conducted by independent fee appraisers, not TxDOT employees."

About 20 businesses are expected to be relocated between W. Little York and FM 529 with about 10 businesses expected to be displaced between FM 529 and Eldridge Parkway, according to TxDOT. Several businesses and landowners along Hwy. 290 as far north as the future Grand Parkway have already begun seeking assistance from real estate valuation and counseling firms to help facilitate the right of way process with TxDOT.