Disposition of Excess Property

General
Consideration should be given for the disposition of property interests that have been recommended as being no longer needed for highway purposes. TxDOT’s Right of Way Division is available to facilitate all dispositions of real property. Additional information on the disposition of property can be found in TxDOT’s
Right of Way Property Management Manual
. Local governments should also be aware that certain requirements apply to the disposition of real property acquired as part of a federally assisted project.
Federal Requirements
  1. 23 CFR §710.409
    – Specifies federally funded projects with real property interest in excess of transportation needs may be sold or conveyed to a public entity or to a private party in accordance with
    23 CFR §710.403(d)
    .
State Requirements
  1. Texas Transportation Code Chapter 202, Subchapter B
    – Provides for the sale, exchange or return of any interest in real property no longer needed for a state highway purpose.
Required Practices
In general, the LG should coordinate the disposition of property with TxDOT at the completion of the project. The
LGPM Guide
provides the required practices for the disposition of property, as well as the responsibilities of the LG and TxDOT.