Texas Transportation Code

§ 366.165 — CONDEMNATION OF REAL PROPERTY

TN § 366.165Title 6. ROADWAYS · Part G. TURNPIKES AND TOLL PROJECTS · Ch. 366. REGIONAL TOLLWAY AUTHORITIES · Art. E. ACQUISITION, CONSTRUCTION, AND OPERATION OF TURNPIKE PROJECTS

Statute text

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(a)Subject to Subsection (c), an authority may acquire public or private real property in the name of the authority 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 property owner cannot agree on a reasonable price for the property; or

(2)the property owner is legally incapacitated, absent, unknown, or unable to convey title.

(b)An authority 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;

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Legislative history

Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.101(16), eff. June 14, 2005. Acts 2013, 83rd Leg., R.S., Ch. 239 (H.B. 341), Sec. 1, eff. June 14, 2013.