Chapter 1: Disposition of Surplus Right of Way Interests

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Section 1: Introduction


The information contained in this manual is in the process of being updated to reflect recent changes to Chapter 21 of the Texas Property Code and Chapter 2206 of the Texas Government Code, and may not accurately reflect current law or department procedures. Please contact the ROW program office in Austin at 512-416-2902 for more information.

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The Texas Transportation Commission (Commission) has the authority to determine that an acquired right of way interest is not required for state highway purposes and can declare that it is surplus to the needs of the Texas Department of Transportation (TxDOT). This includes roadside parks and material source sites.

The disposition of surplus right of way interests is governed by Vernon’s Texas Codes Annotated, Transportation Code, Chapter 202, Subchapter B (the statute).

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