If they have to buy the R/W from you ...yes...you can negotiate ....but if they own the R/W...
Worked for Nevada DoT for 30 yrs...as Construction Project Manager/Resident Engineer...before NDoT could advertise a contract for bid...the R/W had to be certified that the Department owned it before the project could be release for bid....
Last project i had was a new 61 million dollar interchange on I-15 at ST. Rose Parkway, after working on the project for a year, an individual (asshole) said we were using his R/W...I went to our R/W division and they assure he was wrong....well..a few weeks later I get these new R/W plans that shows me he was right...and conveniently our head of R/W division retires....Cost the Taxpayer $700,000.00 dollars for her screw up as the guy suited the State for trespassing.....Even after i retired i had to go to the Attorney General office and give depositions....and even got served by his lawyer....