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Section 2: Types of Leases

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Descriptions

Right of Way Lease. Includes leases for right of way currently on the highway system, maintenance sites and all other real property assets with the exception of mineral leases. A Right of Way Lease Agreement Form, ROW-L-2 is available. In addition, a Telecommunications Lease Agreement, ROW-L-2T, specific to telecommunications towers, is available.

Leaseback. A lease for recently acquired right of way, and the improvements thereon, back to the owner or tenant who occupied the property at the time of acquisition. These leases can be used to aid in the acquisition process. TxDOT has been able to settle cases and, in some instances, completely avoid condemnation by offering a lease to the owner. A Leaseback Agreement, ROW-L-4, is available. Note that certain relocation requirements, as specified in Relocation Procedures for TxDOT Leasebacks, must be met prior to entering into a leaseback.

State Agency Lease. A lease to another State agency. This does not include other subdivisions of the State such as cities, counties and school districts. A State Agency Lease Agreement, ROW-L-8, is available.

License. A short-term (six months or less) rental agreement for seasonal uses such as Christmas tree sales and expanded parking for shopping malls during the holidays. A License Agreement, ROW-L-3, is available.

Oil and Gas Lease. An Oil and Gas Lease Agreement is available. By statute all leases for oil, gas and other minerals are administered by the Texas General Land Office, and any request for this type of lease should be referred to the following:

Texas General Land Office

Petroleum and Mineral Division

1700 North Congress Avenue

Austin, Texas 78701

(512) 475-1534

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