Quitclaim of Right of Way

The statute includes certain situations requiring the state to quitclaim any interest in land that may have accrued from the state’s use of the land. It may also be necessary to remove the land from the State Highway system.
Some of these situations are:
  • there is no record title in the name of the state or a GE
  • record title is in the name of a GE and the state has been using the right of way as part of the system
  • record title is in the county’s name but the right of way is now within city limits. If the city needs the right of way for local road purposes, the city and county pass resolutions requesting the removal from the system and the transfer of jurisdiction and maintenance to the city. The right of way can be quitclaimed to the city.
When a highway or highway segment is recommended for removal from the highway system, TxDOT will submit the required information to ROW Division Headquarters.
TxDOT’s written recommendation to ROW Division Headquarters, with a copy to the Transportation Planning and Programming Division (TPP), must include:
  • TxDOT’s statement advising that the right of way is not needed for a state highway purpose and recommending the removal from the system
  • if the grantee will be a GE, then a resolution will be needed from the GE requesting that the right of way be removed from the system and quitclaimed or released to the GE
  • an appropriate legal description of the right of way to be removed from the system and a survey plat
  • a letter-size area location map with north arrow.
ROW Division Headquarters will:
  • review TxDOT’s request and obtain concurrence from TPP
  • notify TxDOT that the request has been approved
  • prepare and submit a minute order for the Commission to consider the removal from the system and quitclaim or release of the right of way
  • route the instrument for signatures
  • send the fully executed instrument to the TxDOT contact for recording and for delivery to the grantee
  • modify right of way map(s) to reflect the transaction.
TxDOT will furnish the original recorded instrument to the grantee and update its records and modify right of way map(s) to make note of the transaction.