SUBCHAPTER D. ACQUISITION OF PROPERTY FOR TURNPIKE PROJECTS

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§ 361.131. Powers and Procedures of Authority in Acquiring Property

Except as otherwise provided by this chapter, the authority, acting by and through the board, has the same powers and may use the same procedures as the commission or the department in acquiring property.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 920, § 6, eff. June 14, 2001.

§ 361.132. Acquisition of Property

(a) The authority may acquire, in the name of the state, public or private real property it determines necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a turnpike project or for otherwise carrying out this chapter.

(b) The real property the authority may acquire under this subchapter includes:

(1) public parks, playgrounds, or reservations;
(2) parts of or rights in public parks, playgrounds, or reservations;
(3) rights-of-way;
(4) property rights, including:

(A) a right of ingress or egress; and
(B) a reservation right in real property that restricts or prohibits for not more than seven years the:

(i) addition of a new improvement on the real property;
(ii) addition to or modification of an existing improvement on the real property; or
(iii) subdivision of the real property;

(5) franchises;
(6) easements; and
(7) other interests in real property.

(c) The authority may acquire the real property by any method, including purchase and condemnation. The authority may purchase public or private real property on the terms and at the price the authority and the owner consider reasonable.

(d) Property necessary or convenient for the construction or operation of a turnpike project under Subsection (a) includes an interest in real property, a property right, or materials that the authority determines are necessary or convenient to:

(1) protect a turnpike project;
(2) drain a turnpike project;
(3) divert a stream, river, or other watercourse from the right-of-way of a turnpike project;
(4) store materials or equipment used in the construction or maintenance of a turnpike project;
(5) construct or operate a warehouse or other facility used in connection with the construction, maintenance, or operation of a turnpike project;
(6) lay out, construct, or maintain a roadside park;
(7) lay out, construct, or maintain a parking lot that will contribute to the maximum use of a turnpike project with the least possible congestion;
(8) mitigate an adverse environmental effect that directly results from the construction or maintenance of a turnpike project; or
(9) accomplish any other purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a turnpike project.

(e) The authority shall comply with all relocation assistance procedures applicable to the department in connection with any displacement of owners or tenants as a consequence of the authority's acquisition of real property under this chapter.

(f) The authority may acquire timber, earth, stone, gravel, or other materials as necessary to carry out a purpose under this chapter.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1171, § 7.10, eff. Sept. 1, 1997.

Amended by Acts 2001, 77th Leg., ch. 920, § 7, eff. June 14, 2001.

§ 361.133. Acquisition of Rights in Public Real Property

(a) The governing body having charge of public real property may consent to the use of the property for a turnpike project.

(b) The governing body of a political subdivision or public agency may without advertising convey title to or rights or easements in real property the authority needs in connection with the construction or operation of a turnpike project.

(c) Notwithstanding any law to the contrary, a political subdivision or a state agency may lease, lend, grant, or convey to the authority at its request real property, including highways and other real property already devoted to public use, that may be necessary or appropriate to accomplish the authority's purposes. The political subdivision or state agency may lease, lend, grant, or convey the property:

(1) on terms the subdivision or agency determines reasonable and fair; and
(2) without advertisement, court order, or other action or formality other than the regular and formal action of the subdivision or agency concerned.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

§ 361.134. Description of Real Property

Real property acquired by the authority shall be described so as to locate the boundary line of the property with reference to:

(1) lot and block lines and corners of all existing and recorded subdivision properties, if applicable; or
(2) survey lines and corners.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

§ 361.135. Condemnation of Real Property

(a) The board, with the concurrence of the commission, may acquire public or private real property in the name of the state by the exercise of the power of condemnation under the laws applicable to the exercise of that power on property for public use if:

(1) the authority and the owner cannot agree on a reasonable price for the property; or
(2) the owner is legally incapacitated, absent, unknown, or unable to convey title.

(b) The board, with the concurrence of the commission, may condemn real property that the authority determines is:

(1) necessary or appropriate to construct or to efficiently operate a turnpike project;
(2) necessary to restore public or private property damaged or destroyed, including property necessary or convenient to mitigate an environmental effect that directly results from the construction, operation, or maintenance of a turnpike project;
(3) necessary for access, approach, service, and interchange roads;
(4) necessary to provide proper drainage and ground slope for a turnpike project; or
(5) necessary otherwise to carry out this chapter.

(d) The court having jurisdiction of a condemnation proceeding may:

(1) make orders as are just to the authority and the owners of the real property; and
(2) require an undertaking or other security to secure the owners against any loss or damage by reason of the board's failure to accept and pay for the real property.

(e) An undertaking or security under Subsection (d)(2) or an act or obligation of the authority or the board does not impose any liability on the state, the authority, or the board except liability that may be paid from the money authorized by this chapter.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1171, § 7.11, eff. Sept. 1, 1997.

Amended by Acts 2001, 77th Leg., ch. 920, § 8, eff. June 14, 2001.

§ 361.136. Severance of Real Property

(a) If a turnpike project severs an owner's real property, the authority shall pay:

(1) the value of the property acquired; and
(2) the damages to the remainder of the owner's property caused by the severance, including damages caused by the inaccessibility of one tract from the other.

(b) The authority may negotiate for and purchase the severed real property or either part of the severed real property if the authority and the owner agree on terms for the purchase.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1171, § 7.12, eff. Sept. 1, 1997.

§ 361.137. Declaration of Taking

(a) The authority may file a declaration of taking with the clerk of the court:

(1) in which the authority files a condemnation petition under Chapter 21, Property Code; or
(2) to which the case is assigned.

(b) The authority may file the declaration of taking concurrently with or subsequent to the petition but may not file the declaration after the special commissioners have made an award in the condemnation proceeding.

(1) a specific reference to the legislative authority for the condemnation;
(2) a description and plot plan of the real property to be condemned, including the following information if applicable:

(A) the municipality in which the property is located;
(B) the street address of the property; and
(C) the lot and block number of the property;

(3) a statement of the property interest to be condemned;
(4) the name and address of each property owner that the authority can obtain after reasonable investigation and a description of the owner's interest in the property; and
(5) a statement that immediate possession of all or part of the property to be condemned is necessary for the timely construction of a turnpike project.

(d) A deposit to the registry of the court of an amount equal to the appraised value, as determined by the authority, of the property to be condemned must accompany the declaration of taking.

(e) The date on which the declaration is filed is the date of taking for the purpose of assessing damages to which a property owner is entitled.

(f) After a declaration of taking is filed, the case shall proceed as any other case in eminent domain under Chapter 21, Property Code.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 920, § 9, eff. June 14, 2001.

§ 361.138. Possession of Property

(a) Immediately on the filing of a declaration of taking, the authority shall serve a copy of the declaration on each person possessing an interest in the condemned property by a method prescribed by Section 21.016(d), Property Code. The authority shall file evidence of the service with the clerk of the court. On filing of that evidence, the authority may take possession of the property pending the litigation.

(b) If the condemned property is a homestead or a portion of a homestead as defined by Section 41.002, Property Code, the authority may not take possession sooner than the 31st day after the date of service under Subsection (a).

(c) A property owner or tenant who refuses to vacate the property or yield possession is subject to forcible entry and detainer under Chapter 24, Property Code.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

§ 361.140. Restoration of or Compensation for Damage to or Destruction of Private Property

Private property damaged or destroyed in carrying out this chapter shall be restored or repaired and placed in its original condition as nearly as practicable, or adequate compensation shall be made for the damage or destruction out of money authorized by this chapter.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

§ 361.141. Compensation for and Restoration of Public Property

(a) The authority may not pay compensation for public real property, parkways, streets, highways, alleys, or reservations it takes, except for:

(1) parks and playgrounds; and
(2) property acquired under restrictions and limitations requiring payment of compensation.

(b) Public property damaged in the carrying out of powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 920, § 10, eff. June 14, 2001.

§ 361.142. Covenants, Conditions, Restrictions, or Limitations

Covenants, conditions, restrictions, or limitations affecting property acquired in any manner by the authority are not binding against the authority and do not impair the authority's ability to use the property for a purpose authorized by this chapter. The beneficiaries of the covenants, conditions, restrictions, or limitations are not entitled to enjoin the authority from using the property for a purpose authorized under this chapter, but this section does not affect the right of a person to seek damages to the person's property under Section 17, Article I, Texas Constitution.

Added by Acts 1997, 75th Leg., ch. 1171, § 7.13, eff. Sept. 1, 1997.