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Section 12: Railroads

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Railroad License Agreements

Railroad License Agreements are entered between TxDOT and a railroad company for the joint use of right of way. The agreements are customarily used when an active, operating railroad is involved as opposed to abandoned railroad property. These agreements are in the form of a license in that they are permissive and do not create a property interest. The most common case when a Railroad License Agreement will be used is in a highway and railroad intersection.

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Utility Requirements

When a utility wishes to occupy right of way that is jointly utilized by TxDOT and a railroad company, the utility must submit a Utility Installation Request to the local TxDOT area office and a permit/license request to the railroad indicating the intention of occupying railroad-highway right of way. In this manner TxDOT can address the safety of the traveling public, the integrity of the highway structure, and accommodate future highway projects. The railroad request and review assures the interests of the railroad company are addressed.

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