RES, in coordination with the District,

will make a determination of the recommended term for leases. The law mandates that

the

leased property interest

cannot be

needed for a highway purpose

for at least the term of the lease

. Leases that have a primary term of two years or less, or that include a cancellation provision that is two years or less, may be approved by the ROW Division Director. All other leases are required to be submitted to the Commission for approval. TxDOT's long term planning period is twenty years; therefore,

lease terms should not extend beyond twenty years

. However, there are situations where there will be construction of substantial improvements under a lease that may require an exception to this. The Commission at its sole discretion may approve a lease of any term.