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Section 3: Sale of Surplus Site and Any Improvements to an LPA

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After the District receives written approval from MNT to proceed with the disposition of a site, the District should contact the city, county and local school district to determine if any of these entities need the site. The District’s letter should state that these entities will have thirty days to notify the District if they are interested in purchasing the site. If only one of these entities needs the site, then the District will proceed with the sale of the site and any improvements.

If the site was donated to the state by one of these entities, they have priority to purchase the site.

If none or if more than one of the entities is interested in purchasing the site, the property will be sold by advertising and receiving sealed bids (see Sealed Bid Sales) from the general public. The entities can bid on the site under this procedure.

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District Written Recommendation

The District’s written recommendation to the ROW Division must include:

  • District Engineer’s statement that the site is not needed for a state highway purpose and recommending the sale
  • a copy of MNT’s written concurrence in the proposed sale
  • a copy of the original conveyance document(s) to the state
  • a description of the land, which is either a metes and bounds description on letter-size paper signed and sealed by a Registered Professional Land Surveyor, including a preamble citing the original conveyance(s) to the state with the recording information, or, if the land doesn’t need to be surveyed, a reference description of the recording information for the original conveyance(s) to the state
  • a letter-size survey plat prepared by a Registered Professional Land Surveyor. The plat should show the site boundaries, including metes and bounds; north arrow; scale; legend; existing driveways; control of access (if applicable); and any existing drainage structures or utility lines.
  • a letter-size area location map with north arrow
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Appraisal and Recommended Value

The ROW Division advises the District to have the site and any improvements appraised.

The LPA or the District will choose a state certified appraiser from TxDOT’s approved list and will require that TxDOT approved forms are to be used. The LPA will pay the appraiser directly.

The District approves the recommended value for the surplus site and improvements without review from the ROW Division, and sends a copy of the approved value form ROW-A-10S to the ROW Division.

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Resolution from LPA

The District obtains a resolution from the LPA authorizing the purchase of the surplus site and any improvements for the approved value.

The District forwards the resolution to the ROW Division.

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Conveyance of Property

The ROW Division will:

  • Prepare and submit a minute order for the Commission to consider the sale and conveyance of the site and any improvements.
  • Prepare the appropriate conveyance document.
  • Send the document to the Executive Director for signature if the sale amount is $10,000 or less.
  • If the sale amount is more than $10,000, the Executive Director will concur by signing the document. The ROW Division will forward it to the Attorney General for review and signature.
  • The Attorney General signs the document and forwards it to the Governor’s General Counsel for review.
  • The Governor and the Secretary of State sign the document, and it is returned to ROW Division.
  • Notify the purchaser to send funds for purchase to the Finance Division (FIN) for deposit into the state highway fund.
  • After FIN notifies the ROW Division that the funds have been deposited, the ROW Division sends the document to the District for recording and delivery to the purchaser.
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Completion of Transaction

After the District receives the recorded conveyance document, follow the procedures outlined under Closing Procedures and Map Notations in Chapter 1.

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