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Section 4: Procedures for Receiving Donations (for State)

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Procedure

The Department is notified by donor that donor wishes to donate property. The Department obtains an original agreement and original deed, both executed by donor.

ROW Project Delivery staff retains the original signed deed and submits to the ROW Program Office in Austin a donation package for review and acceptance. The donation package shall contain the following documents:

  • An original donation agreement, Form ROW-N-143, Donation Agreement, executed by the donor.
  • A copy of the executed but unrecorded donation deed or easement;
  • A title commitment or other title verification;
  • A copy of the appraisal, or other value documentation if a formal appraisal was waived by the property owner;
  • A Form 132, Billing Statement, or ROW-A-15, Payment Request, as appropriate, for partial donations when payment for a portion of the value is to be made.
  • A recommendation memo, which should include the following statements.
    • The donation will benefit TxDOT in execution of its responsibilities.
    • The donor is not a party to a contested case before TxDOT, and was not a party to a contested case within the last thirty days.
    • The donor is not subject to TxDOT regulation or oversight, or interested in or likely to become interested in any contract, purchase, payment, or claim with or against TxDOT. The Commission may, however, approve acceptance if it determines that doing so would provide a significant public benefit and would not influence or reasonably appear to influence TxDOT in the performance of its duties.
    • An explanation regarding acceptance or any exceptions to title in accordance with standard acquisition procedures in Title Requirements: General Title Requirements (for State and LPA).

The ROW Program Office in Austin will secure the Department’s approval and ultimate acceptance of the donation. The donation deed shall not be recorded until TxDOT has accepted the donation as evidenced by the Executive Director’s, or designee’s, execution of the donation agreement.

The ROW Program Office in Austin will notify the ROW Project Delivery Staff of the Department’s acceptance by transmittal memo, with attached copy of the executed donation agreement and the warrant if a partial donation is involved.

Upon acceptance of the donation, the ROW Program Office in Austin shall prepare a minute order for the Commission’s acknowledgment of the donation and places the item on the Commission agenda. The Commission’s acknowledgment must be completed within 90 days of the Department’s acceptance of the donation. For parcels involving partial donations when payment for a portion of the value will be made by TxDOT, the ROW Program Office will process the payment submission in anticipation of TxDOT approval. This will enable the warrant to accompany the transmittal memo.

The Department completes any closing procedures at the title company when a partial donation and a warrant are involved. The Department then arranges for the recordation of the donation deed in the official property records of the county in which the property is located.

The Department sends the original recorded deed to the ROW Program Office in Austin for inclusion in the inventory of donated property.

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