Excess Land Office
The Right-of-Way Division Excess Land Office is responsible for the administration and disposal of TDOT’s surplus property through fee simple sales, changes of access control, land leases, and licenses. The office is also responsible for maintaining a record of all uneconomic remnants, as well as the use of airspace for non-highway purposes.
- A completed application is sent to TDOT’s Regional Right-of-Way Office, Excess Land Section
- The Regional Right-of-Way Office investigates the request and submits a report to the Central Right-of-Way Office in Nashville.
- The Central Right-of-Way Office presents the request to the Department’s Excess Land Committee.
- If the request is recommended, the Central Right-of-Way Office will notify the requestor by letter. This does not indicate that final approval has been obtained. It simply means that the request is moving forward in the process.
- An environmental document is prepared if needed. If this document must be prepared by a consultant, the requestor is responsible for the associated costs.
- The request packet and environmental document are sent to the Federal Highway Administration for their concurrence.
- If the Department of Transportation determines a survey of the property is required, the requestor will pay in advance for the cost of the survey.
- A preliminary value estimate is prepared to determine if the fair market value (FMV) is likely to exceed $25,000. If the FMV is estimated to be $25,000 or less, an appraisal will be prepared by the Department’s staff appraiser to determine the FMV. If the estimate is greater than $25,000, the Department will employ a consultant fee appraiser. In this case, the requestor must pay the appraisal fee and provide written permission for TDOT to proceed.
- The reviewed appraisal is sent to the Department of General Services for their concurrence.
- The requestor submits payment of the fair market value of the property.
- The deed is prepared and executed.
Note: All sales with a fair market value exceeding $250,000 will be transferred to the Department of General Services for processing. General Services will charge a Real Estate Management (REM) fee for handling these dispositions. This fee is in addition to all other costs associated with the transaction. The Real Estate Management fee will be charged as follows:
Fair Market Value: | REM Fee: | |
$0 - $10,000 | $500 minimum | |
$10,000 - $199,999 | 5% of transaction amount | |
$200,000 or greater | $10,000 maximum |
- A completed application is sent to TDOT’s Regional Right-of-Way Office, Excess Land Section
- The Regional Right-of-Way Office investigates the request and submits a report to the Central Right-of-Way Office in Nashville.
- The Central Right-of-Way Office presents the request to the Department’s Excess Land Committee.
- If the request is recommended, the Central Right-of-Way Office will notify the requestor by letter. This does not indicate that final approval has been obtained. It simply means that the request is moving forward in the process.
- If the Department of Transportation determines a survey of the property is required, the requestor will pay in advance for the cost of the survey.
- An environmental document is prepared if needed. If this document must be prepared by a consultant, the requestor is responsible for the associated costs.
- The request packet and environmental document are sent to the Federal Highway Administration for their concurrence, if applicable.
- A preliminary value estimate is prepared to determine if the fair market value (FMV) is likely to exceed $25,000. If the FMV is estimated to be $25,000 or less, an appraisal will be prepared by the Department’s staff appraiser to determine the FMV. If the estimate is greater than $25,000, the Department will employ a consultant fee appraiser. In this case, the requestor must pay the appraisal fee and provide written permission for TDOT to proceed.
- The reviewed appraisal is sent to the Department of General Services for their concurrence.
- The requestor submits payment of the first years rent of the property along with a current certificate of liability insurance with limits of $300,000 per claimant and $1,000,000 per occurrence.
- The lease is prepared and sent to the requestor for signatures.
- Once the lease is signed and returned, it will be sent for execution.
- A completed application is sent to TDOT’s Regional Right-of-Way Office, Excess Land Section
- The Regional Right-of-Way Office investigates the request and submits a report to the Central Right-of-Way Office in Nashville.
- The Central Right-of-Way Office presents the request to the Department’s Excess Land Committee.
- If the request is recommended, the Central Right-of-Way Office will notify the requestor by letter. This does not indicate that final approval has been obtained. It simply means that the request is moving forward in the process.
- An environmental document is prepared if needed. If this document must be prepared by a consultant, the requestor is responsible for the associated costs.
- The request packet and environmental document are sent to the Federal Highway Administration for their concurrence, if applicable.
- Once all approvals are obtained, the license is prepared and set to the requestor for signatures.
- Once the license is signed by the requestor and returned, it will be sent for execution.
In accordance with Tenn. Code Ann. § 55-8-198(f), the Tennessee Department of Transportation (TDOT) is authorized to permit law enforcement agencies to install automated license plate recognition (ALPR) cameras on State highway
right-of-way to aid in criminal investigations or searches for missing or endangered persons. The installation of
ALPRs on the right-of-way will only be permitted if TDOT determines that it will not impair the continued use, operation, maintenance, and safety of the highway facility and does not interfere with the free and safe flow of traffic.
Law enforcement agencies wishing to install ALPR cameras on State highway right-of-way must apply to do so. Agencies do not have authorization to install/operate ALPR cameras on State highway right-of-way until all approvals have been obtained and the license agreement is fully executed.