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Section 5: Donation Requests Not Associated With Projects (for State)

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Procedure

If TxDOT receives a request from a property owner to donate a tract of land that is not associated with a parcel on any current right of way acquisition project, ROW PD should advise the property owner that TxDOT must determine whether accepting the donation would further TxDOT's responsibilities - as required by 43 TAC Section 1.503. The property owner should be advised that the following procedures must be followed in making this determination:

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  • The property owner should present a formal written proposal (or letter) to TxDOT. The proposal should contain (or have attached to it) some form of:
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    • a legal description of the property (or other general location description), and
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    • a drawing (even informal) locating the property relative to an existing highway (identifying the highway and county).
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  • After receiving the request, TxDOT reviews the location to determine if present or future plans for this part of the highway show that acceptance of the donation would further TxDOT's responsibilities such as highway purposes or operation of the highway system (e.g., maintenance or storage sites).
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  • If TxDOT determines that the property would be suitable and would further TxDOT's responsibilities, then ROW PD should prepare a formal donation agreement to present to the property owner. The agreement would then be processed in the same manner as for other donations, including obtaining a minute order acknowledging any donation over $500.
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