Chapter 4: Leasing
Anchor: #i1001933Section 1: Overview
Anchor: #i1001938Authority
TxDOT has authority to lease its real property assets, including but not limited to right of way, pursuant to the following:
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- Vernon’s Texas Codes Annotated (V.T.C.A.), Transportation Code, Section 202.052 Anchor: #CTRIJCSV
- Title 43 Texas Administrative Code (43 TAC), Sections 21.600 to 21.606 Anchor: #CFRRYODT
- Title 23 Code of Federal Regulations (23 CFR), Sections 710.403 to 710.407 Anchor: #PPGBOFQV
- Texas Property Code, Title 4, Chapter 21, Subchapter E, Sections 21.101 to 21.103
The property interest to be leased must be leased for a purpose that is not inconsistent with applicable highway uses; the consideration for the lease must be at least fair market value; and the property interest to be leased must not be needed for a highway purpose during the term of the lease.
Anchor: #i1001972Assets Eligible for Lease
Any real property asset or interest therein which will not be needed for highway purposes is eligible. Examples include:
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- right of way, including the airspace above, at, or below grade and which is either currently on the highway system or has recently been acquired for future improvements; Anchor: #SDTNQPXS
- maintenance sites; Anchor: #MFTFMRXX
- District sites; Anchor: #OJHSPNDB
- office space; and Anchor: #YLXQSBLU
- mineral interests.
TxDOT will not enter into a lease for any type of sign it regulates. The use under a lease must not create a safety hazard and must comply with all Federal, State, and local laws, codes, ordinances, rules, and regulations. All leases within right of way are subject to the statutory rights of public utilities and common carriers. Examples of uses under leases TxDOT has entered into include:
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- parking, Anchor: #PBSIYPML
- bridges, Anchor: #FBEOLVXK
- landscaping and maintenance, Anchor: #IKDMESWT
- overhead conveyors, and Anchor: #UEDURIYM
- a wide range of commercial activities.