Chapter 4: Leasing

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Section 1: Overview

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Authority

TxDOT has authority to lease its real property assets, including but not limited to right of way, pursuant to the following:

The property interest to be leased must be leased for a purpose that is not inconsistent with applicable highway uses; the consideration for the lease must be at least fair market value; and will not be needed for a highway purpose during the term of the lease.

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Assets Eligible for Lease

Any real property asset or interest therein which will not be needed for highway purposes is eligible. Examples include:

TxDOT will not enter into a lease for any type of sign it regulates. The use under a lease must not create a safety hazard and must comply with all Federal, State and local laws, codes, ordinances, rules and regulations. All leases within right of way are subject to the statutory rights of public utilities and common carriers. Examples of uses under leases TxDOT has entered into include:

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