Lease and Private Rights Exceptions

TxDOT will not accept an exception showing a lease existing against the parcel acquired, except for mineral leases.
Retention of a private right is permissible if it is determined to be in the best interest of TxDOT and the right retained is compatible with highway use.
Examples of possible compatible use are:
  • stock passes;
  • private utilities; and
  • irrigation or drainage canals.
Determination of compatibility for each retained private right will be made by ROW PD as a part of the right of way transaction. See
Approved Special Clauses for Use in Conveyance Instruments
for the special clauses that may be used in instruments of conveyance when retention of a private right is involved.