Joint-use agreements are executed to permit TxDOT to use ROW owned by public entities (e.g., cities and counties) and quasi-public entities (e.g., utility and railroad companies) under certain conditions.

In most cases these entities will not sell ROW outright but will agree to share the ROW (e.g., shared ditch agreements). Sometimes ROW should not be purchased outright because this may involve assuming ownership and maintenance of utilities or other improvements within that ROW. Agreements can be used instead of buying ROW, such as railroad ROW, which is extremely difficult to buy. The agreement allows TxDOT to use the property subject to compatibility with use by the fee owner.

Multiple-use agreements

are executed to allow use of TxDOT ROW for other than highway purposes. These agreements are executed with political subdivisions or state or federal agencies for public use of the ROW. These agreements are essentially a license to allow others to use TxDOT ROW. As an example, “unoccupied airspace” beneath elevated structures can be made available for parking lots, hike and bike trails, boat ramps, landscape areas, recreational, or other similar public facilities that may be operated without detriment to, or interference with, the utility of the highway.

Typically,

joint-use agreements

are between TxDOT and quasi-public entities; and multiple-use agreements are between TxDOT and public entities. Some of these agreements may have been prepared and executed during preliminary design preparation.

Responsibility for administering joint-use agreements is ROW. Responsibility for administering multiple-use agreements is shared by MNT and DES.

On highway projects that are in the design stage or under construction, proposals for multiple use development will be submitted to DES. On completed highway projects, proposals for multiple use will be submitted to MNT.