TTC Frequently Asked Questions

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Questions

General Questions

TTC-35 Questions

Toll Road Questions

Who has final authority over route alignment for any new tolled project?
If TxDOT uses a private company to build toll roads, will that company be in charge of developing toll costs?
What kind of access will the state have to the accounting practices of any private operator of the toll road? Will the state have full access to the operator’s full financial records, even if the company is a non-U.S. company?

I-69/TTC Questions

Answers

When will right of way acquisition begin?

Right of way acquisition can begin after a final route alignment is approved by FHWA and as it is needed. However, limited acquisitions may occur through the use of voluntary option agreements, where the preservation of property for transportation purposes within the corridor is considered to be beneficial to the project.

Will large tracts of land be acquired and not used for decades if the TTC takes a long time to build?

If property is not immediately necessary for the transportation project, TxDOT will strongly consider purchasing options and offer lease-backs to allow the property owner to continue occupying and using the land.

How much right of way is needed and how much will it cost?

The amount of right of way will be determined by the particular needs in a given area, depending on the transportation elements included. The cost is dependent on the local real estate market for the specific location, including consideration of the highest and best use to which the particular property can be utilized.

Can the state take any property it wants and as much as it wants?

No. The state can only acquire property reasonably needed for the uses of the planned transportation facility, as determined by engineers for vehicle lanes, rail corridors, utility corridors and related facilities.

How will the affected property owners be compensated for the economic and environmental impacts to their property?

Property owners whose land is acquired or adversely affected by any public project will receive all of the compensation the state constitution guarantees and the Texas courts have deemed appropriate over the years. Generally, that includes the fair market value of the property acquired, plus all compensable damages special or unique to the owner’s remaining property, which may include deprivation of reasonable access, loss of or damage to improvements, including fences, and increased proximity damages.

How will landowners be compensated for the land being acquired by TxDOT?

Any land needed will be purchased and property owners will be paid fair market value. There will be an independent appraisal, an offer to the landowner and opportunity for negotiation. If the property owner is not satisfied with the TxDOT offer, he/she can take the process through the judicial system, which could include a jury trial.

How will right of way be acquired?

Right of way for toll roads will be acquired in the same way it’s acquired for all other roads. There will be an independent appraisal, an offer and opportunity for negotiation, and the same due process rights to a jury trial in the judicial system if the property owner is not satisfied with the TxDOT offer. TxDOT cannot delegate its property acquisition authority to another entity or company.

What role will private companies (foreign or domestic) have?

Texas can partner with a private company to plan, design, finance, operate and maintain a transportation project. However, these projects will remain state-owned. Foreign companies will not own public transportation facilities.

By utilizing private sector resources and capital, TxDOT can deliver needed transportation improvements faster and stretch limited state and federal dollars further. As envisioned, toll roads will primarily be funded with private sector investment. This means traditional gas-tax dollars can continue to be used to fulfill our commitment to I-35 and other planned projects.

How will TTC projects be funded?

At this time, funding of right of way purchase and construction has not been determined. It is anticipated that federal funds, state funds, private funds, bonds, and tolls or a combination of these resources may be used to fund the project. Funding will be determined during the Tier 2 environmental processes

If school districts lose taxable acreage to new road development, how will they make up the differences in a time when school financing is already a mess?

It is true that some land, much of it undeveloped, will be taken off the tax rolls. But more and more local governments are realizing that new infrastructure brings new economic development opportunities. Development that springs up within and around new roadways will bring in greater tax revenues than undeveloped property.

Will new railroad corridors require every Farm-to-Market (FM) and State Highway (SH) to have an over- or underpass?

We anticipate that a majority of new highway-rail crossings will be grade separated, but all new rail corridors will be carefully studied to determine whether highway-railroad grade separations are appropriate. Studies will examine factors such as traffic volumes (rail and vehicular), sight distances and speed (rail and vehicular).

TTC-35 Questions

Toll Road Questions

Who has final authority over route alignment for any new tolled project?

FHWA has final authority over route alignment by virtue of their environmental approval authority. A private company cannot choose where a route will go. Determining a final route for a tolled project is done the same as any other highway project.

If TxDOT uses a private company to build toll roads, will that company be in charge of developing toll costs?

TxDOT will establish the methodology for how toll rates will be set. Tolls will be set at a price that the market can bear. If it is too expensive, motorists will not use the road.

What kind of access will the state have to the accounting practices of any private operator of the toll road? Will the state have full access to the operator’s full financial records, even if the company is a non-U.S. company?

Although an actual contract has not been signed, the state will require the contract to have provisions relating to the maintenance and inspection of financial records and audits, which will allow TxDOT to determine the return on investment or return on equity received by the developer.

I-69/TTC Questions

Will I-69/TTC follow both U.S. 281 and U.S. 77 in South Texas?

The I-69/TTC facility could be located along U.S. 281 and/or U.S. 77. Alternatively, another TTC project, TTC-35, may follow U.S. 281 and/or U.S. 77, with the I-69/TTC corridor terminating elsewhere. The alignment selected as a result of the I-69/TTC Tier 2 environmental and engineering studies will be known when the process is complete. This is anticipated to be up to five years from now.

When and where will public hearings for I-69/TTC be held?

The first series of public meetings on I-69/TTC were held in April 2004. Another series of public information meetings was conducted June - August, 2005. The 2004 meetings were held at 11 locations. The 2005 meetings were held at 37 locations. The Tier One Draft Environmental Impact Statement (DEIS) was released in November 2007 via this website. Forty-seven (47)public hearings on the Tier One DEIS were conducted across the I-69/TTC Corridor from Feb. 4 - Mar. 4, 200

When will I know where I-69/TTC will be located?

The Tier 1 environmental impact statement study (EIS) is on-going. The Tier 1 environmental impact statement will evaluate corridor alternatives plus a "no-action" alternative. If the Tier 1 environmental impact statement results in a corridor being selected, the project will proceed to Tier 2, which will consist of a series of detailed environmental and engineering studies to analyze specific alignments, determine impacts and benefits for each alignment, and determine what, if any, mitigation measures are required.

What is a section of independent utility (SIU)?

Sections of independent utility (SIU) are corridor sections that have logical beginning and end points and represent transportation projects that can be built and function without additional facilities being built at either end. The I-69/TTC project currently has 14 SIUs. The number of SIUs may change as the environmental and engineering studies progress to more advanced stages.

In northeast Texas, will a first phase (Tier 1) study corridor include the alignment selected in the U.S. 59 Master Plan, could the I-69/TTC highway portion be located on the alignment selected as a result of the U.S. 59 Master Plan study?

Yes, the I-69/TTC Tier 1 study area includes the entire alignment selected in the U.S. 59 Master Plan; however, we will not know if the proposed alignment selected as a result of the I-69/TTC environmental and engineering studies will be the same alignment that was selected as a result of the U.S. 59 Master Plan until the latter stages of the Tier 2 study.

In northeast Texas, what is the U.S. 59 Master Plan Study?

In 1998, the Texas Department of Transportation (TxDOT) initiated a study to find a route to relieve U.S. 59 traffic congestion in Angelina and Nacogdoches counties. The result of that study was the U.S. 59 Master Plan.