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Section 7: Sale of Surplus Access Rights

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Overview

When an abutting landowner wants to purchase access rights for a driveway location, the department contact should contact the Design Division for current requirements. If a public street is proposed to intersect with the frontage road of an existing controlled access facility, the department contact should contact the Design Division for current requirements.

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Department Procedure Prior to Sale Approval

Before the sale has been approved:

  • The department checks the project map for access control and state ownership.
  • The department examines the conveyance document(s) for the original parcel(s) to determine how the state acquired the access rights.
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Procedures After Sale Approval

After the sale has been approved:

  • The department will send the ROW program office in Austin:
    • a copy of the original conveyance document(s) for the parcel(s) where the access rights were acquired
    • a surveyed description of the access line on letter-size paper, signed and sealed by an RPLS, including a preamble citing the original conveyance(s) to the state including recording information. The surveyor should describe the property line of the original parcel(s), in addition to the boundary line of the adjoining property.
    • a letter-size survey plat prepared by an RPLS to accompany the property description showing the access line, north arrow, scale, and legend showing the control of access.
  • The ROW program office in Austin notifies the department to have the surplus access rights appraised.
  • The department contacts the ROW program office in Austin for guidance on appraising access rights.
  • The purchaser or the department will choose a state certified appraiser from TxDOT’s approved appraiser list and will require that TxDOT approved forms be used. The purchaser will pay the appraiser directly.
  • The department approves the recommended value for the surplus access rights without review from the ROW program office in Austin, and sends a copy of the approved value form to the ROW program office in Austin.
  • The ROW program office in Austin will:
    • prepare and submit a minute order for the Texas Transportation Commission to consider the sale of the surplus access rights
    • prepare appropriate conveyance document and route for signatures
    • notify the purchaser to submit the purchase price to the Finance Division for deposit into the state highway fund
    • forward the document to the department contact for recording and delivery to the purchaser.
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Completion of Transaction

The department follows instructions outlined under Closing Procedures and Map Notations.

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