Easement - Texas Department of Transportation

[2012]

The State of Texas has an easement on my property for, as stated on the Right of Way Easement, "highway purposes of laying out, opening, constructing, operating, maintaining and reconstructing a highway facility thereon, together with necessary incidentals and appurtenances thereto,"...
With this specific wording in the document, what gives the State the right to 'permit' third party use of this easement, especially since I retain the mineral rights to and still have to pay taxes on this property to the centerline of the road? If a utility company or pipeline company wants to put their equipment anywhere else on my property, they would have to negotiate with me, so why would this not also apply when placing equipment on this easement?

 

[needinfo2008]

I have 33 yrs experience in dealings with dept's of transportation issues, I'm a little confused when you say they can allow a third party onto your property. My guess is that TDOT has hired a contractor to do the work for them. They can't set up equipment outside of a permanent easement on your personal property without your permission. They would have to request a temporary construction easement if needed.

 

[2012]

None of the work in question is being done for, or contracted by, the highway department. TxDOT issues utility construction permits to third parties (fiber optics companies, pipeline companies, etc.) to place their lines, cables, pipes, etc. on State owned right-of-ways. The problem stems from the fact that TxDOT makes no distinction between a right of way easement and 'State owned' right-of-way, and issue utility construction permits for both.