Chapter 12: ROW Acquisition of County or City Property

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Section 1: For State and LPA

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Legal authority for LPAs to convey land to TxDOT for highway purposes is contained in Transportation Code, Section 203. 055(b). Under these provisions, the LPA governing body is authorized to make right of way conveyances to the state of any property needed for, or in connection with, the construction or operation of the state highway system.

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Lands that have been acquired by LPAs for highway, street, road, or alley purposes before TxDOT authorization for project right of way funding has been obtained, or that are in use for these purposes and needed by TxDOT for construction or operation of the state highway system, should be made available at no cost to the state.

For properties owned by the LPA that were acquired for purposes other than street, highway, or alley construction, such as building sites, excess land acquired along with previous right of way, etc., TxDOT obtains appraisals to determine value. TxDOT will reimburse the LPA for the contractual percentage of the approved value. The instrument conveying title to the State provides the consideration and is based on the LPA's percentage of contribution to the specific project. For example, assuming TxDOT's determined parcel value is $10,000, and the LPA's contribution is 10%, then the LPA would receive 90% of the agreed value of the property. Title insurance is obtained for the total value, which is $10,000.

For parcels to be acquired from an LPA, a note is required on the right of way map stating that the parcel was not acquired by the LPA for public road purposes.

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