Anchor: #i1002693

Section 8: Payments for Leasehold Interests (for State and LPA)

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Payment Procedure When Leasehold and Fee Interests Are Negotiated

In normal transaction, negotiation must be with both the fee owner and the lessee as outlined in Right of Way Property Acquisition Policies and Procedures, and both must agree to negotiate based on the State's offer. Submit a separate MOA or, when applicable, a Purchase Agreement to the ROW Program Office in Austin for both the fee owner and the lessee. Payment to each party must be according to these documents. The payment request for parcel(s) must include all interests being acquired, and closing must be made simultaneously in the total amount of the approved value for the parcel.

Payment requests for negotiated parcels involving both leasehold and fee interests must consist of the following items:

  • ROW-A-15, Payment Request, for each interest, original and two copies
  • Owner Title Policy Commitment or Appropriate Attorney's Certificate(s) covering all interests being acquired
  • A deed conveying all interests being acquired by the State (quitclaim from leasehold interest)
  • Memorandum of Agreement or separate Purchase Agreement for each interest
  • Waiver and disclaimer
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