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.
43 Tex. Admin. Code § 21.1