1. (a) Leases for highway right-of-way will be awarded on a sealed bid basis with the department having the right to reject all bids provided that lease for highway right-of-way may be negotiated with owners to be consistent with property rights owned by others than the state. Fair market value as determined by the department is to be charged as a minimum for leases of all highway right-of-way.
2. (b) On all leases of highway right-of-way to be awarded on a sealed bid basis, said lease sales shall be advertised at least 20 days before the day of the lease sale by having a notice thereof published in the English language once a week for three consecutive weeks preceding such lease sales in a newspaper of general circulation in the county in which the highway right-of-way is located and shall contain bid proposals as determined by the deputy director.

Source Note:The provisions of this §21.603 adopted to be effective October 19, 1988, 13 TexReg 5005.