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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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Overview

Note: The Right of Way Manual provides guidance for disposition of property interests that are no longer needed for state highway purposes. Unless otherwise stated, procedures outlined below apply to property interests that are no longer needed for state highway purposes.

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.

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Procedures

The department should:

  • notify owner(s) of their eligibility to purchase the easement interest and explain all associated expenses
  • prepare submission package (see Submission Requirements)
  • the department’s statement should also explain why the easement is no longer needed for highway drainage or state highway purposes, as applicable.
  • the underlying fee owner(s) will provide the department with an acceptable certificate verifying the name(s) of the underlying fee owner(s)

The ROW program office in Austin follows procedures outlined above in Sale of Right of Way (Fee Simple) No Longer Needed for State Highway Purpose to a GE under the Statutory Priority.

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