Frequently Asked Questions

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Questions

General Questions

Effect on Citizens and Business

What benefit will toll roads have to the regular citizen?
Will TTC-35 negatively affect businesses along I-35 because all the traffic will be removed and development will move to TTC-35?
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?
What does toll road development mean to taxpayers?
Will the funding of TTC-35 take money away from the roads in my area?

Corridor Routes

Funding

Private Company Involvement

Land Acquisition

Agriculture and Rural Interests

Answers

Has a study been done showing that Texas really needs the corridor?

Yes, several. In 1999, the Federal Highway Administration (FHWA) did a study that showed that in order to handle the traffic expected by 2025, I-35 would need to be expanded to 16 lanes in Austin and San Antonio and 12 in between. That’s too many to be practical. Also in 1999, the I-35 Trade Corridor Study concluded that a minimum of 16 lanes would be needed in the metropolitan areas to handle the expected traffic. This study was conducted by FHWA and other I-35 corridor states, including Texas.

In addition, the Draft Environmental Impact Statement (DEIS) clearly shows this need. Additional infrastructure is based on projected increases in population and freight traffic. The current population of our state is about 22 million. Over the next 25 years, some forecasters predict that the number of people who live, work and drive in Texas will increase more than 64 percent. The majority will move to our urban areas, where we simply cannot expand our existing highway system to accommodate the increasing transportation demands. In addition, the number of commercial trucks on Texas roads is projected to increase by 403 percent from 1998 through 2060. Approximately 20-38 percent of current traffic on I-35 is from commercial trucks.

Has the cost of widening existing interstates been studied as an alternative to the TTC?

It seems like widening the less developed sections of existing interstates and providing loops (such as SH 130) around the most urbanized sections would be cheaper than entire new corridors.

First, there is no state money to build loops around the metropolitan areas. As envisioned, TTC-35 will primarily use private funds. Second, building loops would provide only temporary relief to congestion and would not address the long-term problem or provide the capacity required over the next several decades. Finally, the costs to purchase and relocate businesses, public buildings, schools and homes preclude expansion in the areas that most need it. In short, the current system of building and funding roads will not meet Texas’ needs in the future. It will take new solutions.

How much truck traffic will be taken off of I-35 as a result of TTC-35?

Using TxDOT’s Statewide Analysis Model (a travel-demand model), TxDOT found that TTC-35 has the potential to reduce truck traffic by 20 percent on urban sections of I-35 and by 38 percent on the rural sections of I-35.

What will be constructed first—just 4-lane divided or separate car and truck lanes?

Everything constructed on TTC-35 will be done on an as-needed basis only. If traffic demands warrant it, separate lanes will be constructed for cars and trucks. If traffic demands do not warrant separate lanes at initial construction, then they will be constructed later as traffic grows.

Will rail be included in all segments of TTC-35?

TTC-35 will contain rail on an as-needed basis. In some areas, it may be appropriate to have high-speed passenger and/or freight rail services.

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).

Effect on Citizens and Business

What benefit will toll roads have to the regular citizen?

Whether it’s direct or indirect, citizens, businesses and local communities will benefit from toll roads. An improved transportation system provides more options to get around, less congestion, new economic development and more jobs.

Will TTC-35 negatively affect businesses along I-35 because all the traffic will be removed and development will move to TTC-35?

Reliable population growth projections show that increasing growth along I-35 and TTC-35 should serve to enhance economic opportunity on both roads. TxDOT is making every effort to work with local communities along the route to address questions about how growth might be enhanced by the TTC.

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.

What does toll road development mean to taxpayers?

Toll roads will not be funded like the current highway system, which today taxpayers pay for through fuel taxes and related vehicle and driver fees. To help offset the current burden on taxpayers and to avoid any increase in the gasoline tax, we are developing public-private partnerships to fund toll roads. This means that only those who use the road will pay for it.

These partnerships allow us to take advantage of private sector innovation and resources to develop new tollways and reduce congestion, improve safety and address long-term mobility needs. The private sector is ready, willing and able to invest in transportation in Texas. We seek to combine the best of private sector business practices with the best in government to deliver a world-class transportation system to Texans.

Will the funding of TTC-35 take money away from the roads in my area?

No, TTC-35 will, for the most part, finance itself. TxDOT will use some state and federal dollars for routine project functions, such as environmental review, project oversight, accounting auditing, engineering auditing, site inspections and the like. This amount of state and federal money, however, will be minuscule when compared to the overall cost of constructing TTC-35.

We are going to keep building traditional highways, just like we always have. TTC-35 is intended to complement—not replace—your existing state highway system. It will provide another transportation option for Texans, especially for cross-state traffic.

Corridor Routes

What will be the total width of the corridor?

The width will vary depending upon need. In order to minimize the impact to landowners, we are seriously examining how best to incorporate existing roads and railways. If highway, rail and utilities are located adjacent to each other, the corridor width would be 1,200 feet or less. Currently, the study area is much larger (about 10 miles) so that we can find the most effective route. The final corridor route, however, will only occupy a little more than 2 percent of the initial study area.

Will TTC-35 go through established communities (even small towns)? If so, how will that be done?

No, but communities and small towns will be able to connect to it. One of the guiding principles behind TTC-35 is to move long-haul, cross-state traffic away from the downtown areas, freeing up local roadways for local traffic. However, TTC-35 will have connections to these communities, thus allowing access to these areas for business deliveries, tourists and motorists.

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.

Funding

Is TxDOT using any state or federal money to build TTC-35?

We believe private sector funds—not taxpayer dollars—can pay for TTC-35. There may be some opportunities to leverage funds by using two federal programs designed to facilitate construction of transportation projects using private dollars. The Transportation Infrastructure Finance and Innovation Act provides low cost loans with flexible payment schedules. And Private Activity Bonds allow investors to minimize the tax consequences of financing transportation projects. The effect of these federal programs is that roads are less costly to build.

TxDOT may also use federal and state funds to pay the costs of environmental approvals, permits, environmental mitigation, and project inspection and oversight as it would with any roadway. TxDOT will ensure that TTC-35 meets the same rigorous safety and environmental standards as other state highway projects.

Why doesn’t the state just raise the gas tax and let us keep our roads free?

The state gas tax only pays for 32 percent of our current state transportation budget. To generate enough cash to expand our transportation system as needed over the next 25 years, transportation funds could no longer be used for other budget purposes. At the same time, the state gas tax would have to be raised by 175 percent to 55 cents per gallon. Even then, it would not provide sufficient funds for maintenance and other critical expenses. The prospect of a gas tax increase or the removal of funds from other areas of the state budget is unlikely. The state’s gas tax alone is not going to solve our problem.

Private Company Involvement

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.

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.

Will the state have access for inspection during the construction of toll roads?

TxDOT will have the right at all times to inspect the construction on toll roads. This could include the right to enter, monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, conduct independent quality control, or conduct any other type oversight. These roads are public facilities so we will want to ensure they meet state safety standards.

Land Acquisition

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.

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 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.

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 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.

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.

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.

Agriculture and Rural Interests

How will farmers and ranchers get from one side of a new roadway to the other side if their property is severed by the new project?

Each situation will be decided on a case-by-case basis, but as with other highways, TxDOT will first consider routes that are between property lines. In cases where a farmer’s property is divided, severed roads may be reconnected or crossovers and limited access roads may be constructed. Where appropriate, livestock crossings may be included.

Why should the farmers take the burden for city traffic?

TTC-35 is far more than just a simple response to congestion. The objective of TTC-35 is to meet the state’s transportation needs for the next 50 years and beyond, when our population and miles driven on our highways will more than double. In addition to enabling small farming communities along the corridor to attract new businesses and jobs, TTC-35 will also provide a viable alternative for cross-state traffic currently using metro-area highways, thus relieving local congestion. TTC-35 will have a statewide impact and will be paid for by those who decide to use it.

My farm has been in my family for generations. How can the state now take my land?

Acquiring right of way is one of the most difficult aspects of building our transportation system. We have a deep respect for the agricultural heritage of our state and understand the importance of property rights in Texas. It is important to note that we are still in the early planning stages and have not yet identified a final alignment. Right of way acquisition cannot begin until the environmental study is completed and approved by FHWA.

Throughout the process, we will consider numerous ways to minimize right of way needs. For instance, we plan to align the corridor with existing highways, railways and utility corridors whenever feasible. TTC-35 poses no greater threat to land acquisition than the current process of building highways. In some cases, we may only need to acquire a few hundred feet of property to accommodate construction.

As always, we will strive to balance the concerns of local communities and property owners while upholding our responsibility to provide for the state’s present and future transportation needs.

Who will fence the new property lines created by the corridor?

TxDOT will install and maintain all the fences required as a component of TTC-35, such as when the corridor divides property that was once whole. Fences taken out by the corridor that are a pre-existing feature of a landowner’s property will be reimbursed to the property owner as a component of the property appraisal.

Can the state take my farm without any notice under its “quick-take” authority?

Quick-take is not a new tool and has never been used by TxDOT. Quick-take, which only applies to turnpikes, does not impact a property owner’s right to just compensation. Value and damages will be determined through the normal appraisal and compensation process, including the right ultimately to a jury trial. By law, right-of-way acquisition, including for a turnpike, must begin with good-faith negotiations. Where the property is a homestead, TxDOT cannot take possession sooner than the 91st day after the landowner is served with an official declaration of taking – this is known as “quick-take.” The quick-take option can only be applied if TxDOT and the property owner cannot reach an agreement.

Furthermore, TxDOT cannot file a quick-take option before the completion of the environmental process, including all public hearings, meetings and public comment. Therefore ‘quick-take’ is actually a misnomer. Because all of the actions noted above must be taken prior to filing the declaration of taking, property owners will have plenty of notice – several months, if not years.