Property which is acquired under TxDOT's Advance Acquisition authority and which is subsequently determined to be no longer needed for state highway purposes must be disposed of according to the specific provisions of . Before the typical disposition priorities can be followed (See the

ROW Property Management Manual

, ), the property must be offered for sale to the person from whom the commission acquired the property at a price that is equal to the lesser of: (1) the price the commission paid the person to acquire the property; or (2) the fair market value of the property at the time it is offered for sale under this subsection, taking into account any damage to the property.