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Section 5: Transfer of Surplus Right of Way to an LPA with Waiver of Payment to the State


TxDOT has the authority to transfer a surplus right of way interest to an LPA 1) in consideration for savings to the state of future maintenance costs; or 2) applicable to highway right of way only, the LPA assumes or has assumed jurisdiction, control and maintenance for public road purposes. This type of transaction is primarily used where a segment of highway is being removed from the system and transferred to an LPA for continued use as a roadway.

In Lieu of Future Maintenance Costs

In addition to the department submission requirements in Section 4, Sale of Surplus Right of Way (Fee Simple) to an LPA, the department right of way personnel will coordinate with the appropriate area office or maintenance section to compute the future maintenance costs. After the surplus right of way interest has been appraised and the recommended value has been approved, the future maintenance costs must equal or exceed the recommended value of the surplus right of way in order for the ROW program office in Austin to prepare a minute order for Commission consideration.

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LPA Assumption for Public Road Purposes

A transfer under this provision requires a reservation in the conveyance document to the LPA providing that if the property being transferred ceases to be used for public road purposes, the property shall immediately and automatically revert to the state.

For guidance on this type of transaction, please contact the ROW program office in Austin.

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