Texas Transportation Code 202.058 – Agreement to Use or Cultivate Right-of-Way
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(a) The department may agree with the owner of real property abutting or adjoining property acquired by the department for the right-of-way of a road in the state highway system, allowing the owner to use or cultivate a portion of the right-of-way not required for immediate use by the department.
(b) An agreement must be in writing and may provide for:
(1) use or cultivation of the property;
(2) construction of improvements on the property;
(3) placement of fences on the property; and
(4) other matters.
Terms Used In Texas Transportation Code 202.058
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) The director or the director’s authorized representative and the owner of the property shall execute the agreement.
(d) The department may not execute an agreement that would impair or relinquish the state’s right to use the property for a right-of-way purpose when the property is needed to construct or reconstruct the road for which it was acquired.
(e) Use by the owner of adjoining or abutting property under this section is not abandonment of the property by the department.