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Section 3: Exchanges (for State)

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In the disposal of surplus property interests, the property owner and TxDOT may enter into an exchange agreement involving new right of way and surplus land. If the value of the new right of way exceeds that of the surplus land, and the landowner waives his right to receive money as part of the consideration for the new right of way, then the conveyance to TxDOT is considered a donation. The rules and procedures established by Government Code, Chapter 575, and detailed in Right of Way General Requirements for Proper Conveyance for On-System Projects also apply to donations in exchange. For more detailed information on exchanges, refer to Disposition of Surplus Right of Way Interests (Right of Way Manual Vol. 5 - Property Management, Chapter 1) and to Right of Way Donations and Exchanges ( in Chapter 6). In processing donations in exchange agreements, Department personnel should contact the ROW Program Office in Austin for assistance.

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