Section 3: Abandoned Interests

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For State

When the utility abandons its property interests within the existing or proposed right of way and relocates onto a replacement easement or right of way, the abandoned property interests are to be conveyed to the State of Texas. The replacement right of way charges for the relocated facility will be reimbursed in accordance with regulations set forth in Chapter 7, Section 2, Cost Estimate Methods and Categories of this manual.

Abandoned property interest must be conveyed before final reimbursement of the adjustment is made. Such conveyance should normally be made on form ROW-N-30 Quitclaim Deed. Right of Way Project Delivery may prepare the quitclaim instrument using the same legal description(s) used in the deed, or corresponding deed recordation information, for acquisition of the right of way parcel(s) where the utility property interests are located. The instrument will then be forwarded to the utility for their execution, with a request that the instrument be returned for further handling and recordation. When the instrument is returned, Right of Way Project Delivery will review the executed instrument, and, if acceptable, will record it in the deed records of the applicable county.

A utility may have an existing property interest within the existing and/or proposed right of way, and may elect to relocate its facility from its existing location to another location within the highway right of way limits. In this case, the utility may elect to quitclaim its property interest to the State. If the utility does not quitclaim its easement interest, TxDOT may either execute a Utility Joint Use Agreement with the utility or acquire the property through the acquisition process.

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In addition to TxDOT policies and procedures, the following additional information applies to LPAs when they are acquiring the right of way and handling the utility adjustments:

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  • LPA should thoroughly understand TxDOT requirements concerning the conveyance of abandoned interests.
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  • LPA should be aware that final reimbursement payment will be withheld until the necessary conveyances have been delivered to TxDOT.
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  • LPA is responsible for recordation costs.
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Acquisition of Utility-Owned Interests or Properties

It is TxDOT’s intention to acquire fee title to all lands, pursuant to 43TAC Section 21.31.

Title to the needed right of way will be procured following the same procedures used for the acquisition of lands under private ownership. When there is a combination of the conditions outlined in Access Rights, Chapter 5, Section 4, and in the foregoing, all factual data should be submitted to the ROW Division for determination of appropriate handling.

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