- June 17, 1998
- All Texas Issuing Offices
- Highway Right-of-Way Property
Texas statutes provide for the disposition of highway right-of-way property owned or controlled by the state that is deemed unnecessary for highway purposes. Generally, Sections 202.021 - 202.032 of the Transportation Code govern such matters. A condition of such a sale or conveyance is that any public utility or common carrier having a right of eminent domain which uses such property has a right to continue to use the property and the sale or conveyance or surrender by the state of its interest is subject to those rights. There does not appear to be any specific requirement that these public utility rights be recorded, or even posted so as to be located by a physical inspection.
Before insuring any tract previously owned or controlled by the state which was used for highway purposes, please contact a Texas Underwriting Counsel for approval.
THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.