As soon as possible after MNT has concurred in site selection, TxDOT will:

provide ROW Division Headquarters with a current title commitment. The commitment is valid for ninety days from the effective date and should be updated when necessary.
advise ROW Division Headquarters if all easements and other items listed as exceptions on Schedule B of the title commitment are compatible with the intended use of the site
advise ROW Division Headquarters about any title curative that will be required. Common title curative matters include tax liens; deed restrictions; boundary line discrepancies; encroachments of improvements; gas pipelines; and oil and gas leases held by production.
a metes and bounds description on letter-size paper signed and sealed by a Registered Professional Land Surveyor (RPLS).
a letter-size survey plat prepared by an RPLS

If the proposed sellers of the surface estate for the site do not own the oil and gas rights, then TxDOT will need to investigate this ownership with the title company. MNT has authorized TxDOT to pay for a mineral title search, if this is necessary.

After at least 51% of the mineral owners are identified, then TxDOT will coordinate obtaining a release of mineral surface rights from these owners. If an active oil and gas lease covers the minerals under the land for the proposed site, then TxDOT will obtain a release from the owner of the lease. ROW Division Headquarters is available to coordinate research at the Texas Railroad Commission to verify active oil and gas leases.