Policies for the disposal of real property, or interest therein, acquired for state highway purposes but no longer needed for such purposes, are based on requirements of law and the need to protect and preserve the integrity of the title to the property and property rights owned or used by the state. In order to cover the basic costs of handling such disposals, a service fee is charged as follows.

1. (1) For quitclaims where the state holds no record title, holds easement title only, or holds title subject to a reversionary clause, a service fee of $300 will be charged to cover the costs of handling each quitclaim.
2. (2) For sales, a service fee will be charged in the amount of $300 or 2.0% of the sale price, whichever is the most. The service fee shall not exceed $1,600.
3. (3) The above service fees shall not apply where the conveyance is being made to correct a previous error, or where property or property interest is being exchanged for other property interests needed for highway purposes. Also, no service fee will be charged where a property or property interest is being sold, quitclaimed, or transferred to a county, city, state, or federal governmental agency or where the commission determines the service fee to be unjust, or unwarranted.

Source Note:The provisions of this §21.101 adopted to be effective January 1, 1976; amended to be effective October 7, 1986, 11 TexReg 4039.