Transportation Code § 202.058

Sec. 202.058. AGREEMENT TO USE OR CULTIVATE RIGHT-OF-WAY. (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. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.