Chapter 12: Acquisition of County or City Property for Right of Way

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Section 1: For State and LPA

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Authority

Legal authority for LPAs to convey land to TxDOT for highway purposes is contained in Transportation Code, §203. 055(b). Under these provisions, the LPA governing body is authorized to make right of way conveyances to the State of any property needed for, or in connection with, the construction or operation of the State highway system.

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General

Lands that have been acquired by LPAs for highway, street, road, or alley purposes before TxDOT authorization for project right of way funding has been obtained, or that are in use for these purposes and needed by TxDOT for construction or operation of the State highway system, should be made available at no cost to the State.

For properties owned by the LPA that were acquired for purposes other than street, highway, or alley construction, such as building sites, excess land acquired along with previous right of way, etc. , TxDOT obtains appraisals to determine value. TxDOT will reimburse the LPA for the contractual percentage of the approved value. The instrument conveying title to the State lists the consideration, as in the following example. Assuming TxDOT's determined parcel value is $10,000, the consideration should read: "90% reimbursement of the value of $10,000 of hereinafter described property under terms of contract." Title insurance is obtained for the total value, which is $10,000.

For parcels to be purchased from an LPA, a note is required on the right of way map stating that the parcel was not acquired by the LPA for public road purposes.

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