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Section 9: Sale of Easements No Longer Needed for a State Highway Purpose to Underlying Fee Owner

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If the current underlying fee owner(s) donated the right of way interest to the state, then the state can release the right of way interest at no cost other than the state’s service fee. Occasionally a drainage or channel easement may be sold to a drainage district.

TxDOT may only release an easement interest to the owner of the underlying fee title.

TxDOT will require:

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  • a legal description of the easement interest
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  • an approval by the District in which the easement interest is situated
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  • an appraisal of the easement interest prepared to TxDOT required standards
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  • a certification by an attorney licensed in Texas that the future grantee is the current owner of the underlying fee.
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