Texas Transportation Code

§ 463.058 — USE AND ACQUISITION OF PROPERTY OF OTHERS

TN § 463.058Title 6. ROADWAYS · Part K. MASS TRANSPORTATION · Ch. 463. REGIONAL TRANSIT AUTHORITIES · Art. B. POWERS OF AUTHORITIES

Statute text

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(a)For a purpose described by Section 463.056(a)(1) and as necessary or useful in the construction, repair, maintenance, or operation of the public transportation system, an authority may:

(1)use a public way, including an alley; and

(2)directly, or indirectly by another person, relocate or reroute the property of another person or alter the construction of the property of another person.

(b)For an act authorized by Subsection (a)(2), an authority may contract with the owner of the property to allow the owner to make the relocation, rerouting, or alteration by the owner's own means or through a contractor of the owner. The contract may provide for reimbursement of the owner for costs or payment to the contractor.

(c)An authority may acquire by eminent domain any interest in real property, including a fee simple interest, except the right of eminent domain may not be exercised:

(1)in a municipality without the approval of each proposed acquisition by the governing body of the municipality or in an unincorporated area without the approval of each proposed acquisition by the commissioners court of the county in which the property to be condemned is located; or

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Legislative history

Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.