Section 11.11 - Sources of Materials(a) Local material deposits may be secured by easement or through agreements which permit the department or its contractor to remove earthen material for use in highway construction or maintenance activities.(b) Easements, rather than option agreements, usually are used in areas where a genuine shortage of acceptable materials exists or is anticipated. The consideration for the easement must be a fixed sum based on the current royalty price in the area and a specified quantity of material, and a unit price for additional quantities. The fixed sum is determined after thorough investigation reveals the quantity of acceptable material available and deductions for loss have been made. If the material consists of borrow, the cost of borrow materials may not exceed the normal land value of the material source.(c) Material option agreements with individual owners, estate administrators, corporate officials, or state, county, or city officials may be used to secure permission for the state or its contractor to remove local material deposits. If the material consists of borrow, the cost of borrow may not exceed the normal land value of the material source.43 Tex. Admin. Code § 11.11
The provisions of this §11.11 adopted to be effective January 1, 1976.