I don't know anything about Texas law, but in terms of the places I've worked, a highway right-of-way is defined as the legal easement owned by the highway dept and is often, but not always, marked by the fence on either side. It does not have anything to do with ditches or berms etc except that such features created by the highway dept. will be within the r-o-w. County assessor maps will show this. Hope that helps. -HW

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