Tex. Transp. Code § 202.058 · Subchapter C. LEASES, EASEMENTS, AND AGREEMENTS CONCERNING HIGHWAY PROPERTY
AGREEMENT TO USE OR CULTIVATE RIGHT-OF-WAY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The department may agree with the owner of real property abutting or adjoining property acquired by the department for the right-of-way of a road in the state highway system, allowing the owner to use or cultivate a portion of the right-of-way not required for immediate use by the department.
(b) An agreement must be in writing and may provide for:
(1) use or cultivation of the property;
(2) construction of improvements on the property;
(3) placement of fences on the property; and
(4) other matters.
(c) The director or the director's authorized representative and the owner of the property shall execute the agreement.
(d) The department may not execute an agreement that would impair or relinquish the state's right to use the property for a right-of-way purpose when the property is needed to construct or reconstruct the road for which it was acquired.
(e) Use by the owner of adjoining or abutting property under this section is not abandonment of the property by the department.
Notes and commentary — not statutory text
History
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/TN/htm/TN.202.htm
- Text hash
- sha256 73df80a95d3f3e0a467b474104ea5dc224083fada654555feec16037b1dbaf42
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.