Right-of-Way Division - Excess Land Office
The Right-of-Way Division Excess Land Office is responsible for disposal of TDOT's surplus property and right of way in fee simple, legal access changes, land leases and some licenses. The office is also responsible for gathering documentation and research for each disposal. It is also responsible for maintaining a record of all uneconomic remnants, as well as the use of airspace for non-highway purposes.
TDOT Excess Land Procedures: |
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| (This is the Department's procedure for selling or leasing surplus property.) | |
| 1. | A letter
requesting to buy or lease surplus property/right-of-way
must be sent to TDOT's Regional Right-of-Way Office,
Excess Land Section. (a.) State reason for request to buy or lease. (b.) Indicate whether requestor is a State of Tennessee employee. (c.) Indicate if requestor is an adjoining property owner to requested area. (d.) If adjoining property owner, please attach copy of deed for verification. (e.) Include day-time phone number of requestor. |
| 2. | Region Right-of-Way Office investigates request and sends a report to the Central Right-of-Way Office in Nashville. |
| 3. | The Central
Right-of-Way Office presents the request to the
Department's Excess Land subcommittee for review and recommendation for approval or disapproval. |
| 4. | If request is not recommended for approval, the Central Right-of-Way Office sends a letter indicating same to the requestor with a copy to the Regional Right-of-Way Office, Excess Land Section. |
| 5. | If the request is recommended for approval it must be signed by the Commissioner. The approved request is then sent to the Environmental Division for evaluation of the environmental effects of disposal requiring FHWA approval, if applicable. The Central Right-of-Way Office will then request additional information from the requestor. (a.) A deposit for the applicable incidental costs. (b.) A signed Statement of Understanding. (If the requestor decides not to buy/lease after costs incurred, deposit shall be forfeited.) |
| 6. | An environmental document is prepared: Document may need to be prepared by a consultant, and if so, must be paid for by the requestor as an incidental cost. |
| 7. | An appraisal(s) is performed by a department staff appaiser or by a fee appraiser and reviewed to determine the fair market value. A survey may also be required by the State, and if so, must be paid for by the requestor as an incidental cost. |
| 8. | Certain requests must be approved by the State Building Commission at this time. |
| 9. | If the requestor chooses to proceed, a deposit shall be submitted for the incidental costs. The requestor must provide written permission for TDOT to proceed with processing the request. |
| 10. | For a purchase, a Quitclaim Deed is prepared by either TDOT or the Department of General Services, depending on the appraised value of the requested land. Payment for the property is collected, and the deed is delivered. |
| 11. | For a lease, the lease is delivered, and the first annual payment is collected. An insurance certificate must be provided upon delivery of the lease. |
| Incidental Costs: | Appraisal(s) - Cost to be collected after property is declared surplus by TDOT.
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| Survey - If determined to be necessary by State. The amount is the actual cost for the survey. | |||
Insurance: For leases, the requestor will be required to provide a certificate of liability insurance with limits of $300,000 per claimant and $1, 000,000 per occurrence, and must agree to hold the State of Tennessee harmless from any and all claims, costs, damages, and judgments of whatsoever nature arising out of the activities of the Lessee on the premises pursuant to the Lease and to assume all responsibility of liability therefore. Sales: For fee simple sales or easements, a request for payment of the fair market value of the property will be requested after the property has been appraised, reviewed and the price agreed to by the requestor. Department of General Services Real Estate Management Fee: the Department of General Services charges a real estate Management fee for handling the land dispositions of any TDOT excess land exceeding a fair market value of $75,000. This cost must be added to the purchase/lease price (see below).
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