Section 5: Transfer of Surplus Right of Way to an LPA for the Savings to the State of Future Maintenance Costs
Anchor: #i1003853Overview
TxDOT has the authority to transfer a surplus right of way interest to an LPA in consideration for savings to the state of future maintenance costs. This savings is instead of a cash consideration. 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 addition to the District submission requirements in Section 4, Sale of Surplus Right of Way (Fee Simple) to an LPA, the District 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 Division to prepare a minute order for Commission consideration.
For guidance on this type of transaction, please contact PRM.