Chapter 4: Leasing

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Section 1: Overview

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

  • Vernon’s Texas Codes Annotated (V.T.C.A.), Transportation Code, §202.052
  • Title 43 Texas Administrative Code (43 TAC) §§21.600 to 21.606 inclusive
  • Title 23 Code of Federal Regulations (23 CFR) §§710.405 to 710.407

The property to be leased must be surplus to TxDOT's needs for the term of the lease, and the consideration for the lease must be at least fair market value.

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Assets Eligible for Lease

Any real property asset or interest therein which is surplus to TxDOT's needs is eligible. Examples include:

  • right of way, including the airspace above, at or below grade and which is either currently on the highway system or has recently been acquired for future improvements;
  • maintenance sites;
  • portions of District sites;
  • office space; and
  • mineral interests.

All leases must be for commercial purposes only. TxDOT will not enter into a lease for any type of sign or for a residential purpose. 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:

  • parking,
  • bridges,
  • landscaping and maintenance,
  • overhead conveyors, and
  • a wide range of commercial activities.
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