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Section 12: Agricultural Use Agreements

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Policy

Transportation Code, Section §202.058 grants the department the authority to enter into an agreement with the owner of property abutting or adjoining the highway system for agricultural uses. The agreement allows the owner to use or cultivate a portion of the right of way not re-quired for immediate use by the department.

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Terms of Agreement

The Agricultural Use Agreement must be in writing and may provide for:

  • use or cultivation of the property
  • construction of improvements on the property
  • placement of fences on the property
  • other matters.
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Execution

The owner of the abutting property must sign the agreement. The district engineer or his/her designee will indicate their approval by signature. The district engineer will execute the agreement for temporary use of highway right of way.

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