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Section 5: Conveyance and Title Requirements for Passes (for State)

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The usual deed and title requirements apply to right of way parcels involving pass privileges with the exception that the title policy, or Department certificate, will except any pass privileges included in the deed. In addition, the consideration amount recited in the deed will be the amount of cash consideration paid the property owner without respect to the pass facility costs. Where pass privileges are included in the deed, appropriate deed clauses will be as outlined previously in Inclusion of Pass Privileges in Instrument of Conveyance (for State). The usual method for indicating a pass on right of way maps is to break the access lines on both sides of the right of way to indicate a right of way crossing where the pass is located. Unless frontage roads are constructed, this does not mean the abutting owner has access to the highway facility. Rather, a limited right of passage under or through the pass facility is provided.

If an owner has existing pass privileges as a property right and such right must be extinguished, the deed and MOA (or Purchase Agreement) will contain a clause quitclaiming this interest to the State.

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