If a property owner will not sign a deed containing the standard mineral reservation, it is permissible for the property owner to retain all minerals as a concession to avoid condemnation. No further concession can be made without prior approval of a ROW Attorney. Owners who insist on their own wording should be reminded that, if the state condemns, only oil, gas, and sulfur are reserved from the conveyance. When use of a special mineral clause is necessary, the standard mineral reservation clause is to be stricken from the deed and the following language inserted:

"Grantors reserve all of the oil, gas, sulphur, and other minerals in and under said land but waive any and all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside the above described property and upon the condition that none of such operations shall be conducted so near the surface of said land as to interfere with the intended use thereof or in any way interfere with, jeopardize, or endanger the facilities of the Texas Department of Transportation or create a hazard to the public users thereof; it being intended, however, that nothing in this reservation shall affect the title and the rights of the state to take and use without additional compensation any water, stone, earth, gravel, caliche, iron ore gravel or any other road building materials upon, in, and under said land for the construction and maintenance of the state highway system of Texas."