Sec. 203.059. PURCHASE OF LEASE RIGHTS. (a) Before acquiring property under this subchapter, the department may purchase the right to lease the property to a third party.
(b) The department may make a purchase under Subsection (a) only if the department first determines that the owner is unable to lease or rent the property because of the impending acquisition by the department.
(c) The consideration for the purchase of a lease right under this section may not exceed the fair market rental value of the property as determined by the department and shall be credited against the total compensation due the owner when the department acquires the property.
(d) Payment under this section may be made in periodic increments until the property is acquired by the department. The aggregate total of payments before acquisition may not exceed the department's approved appraised value of the property.
(e) The department shall adopt rules to implement this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Structure Texas Statutes
Subtitle A - Texas Department of Transportation
Chapter 203 - Modernization of State Highways; Controlled Access Highways
Subchapter D. Acquisition of Property
Section 203.051. Acquisition of Property Authorized
Section 203.052. Commission Determination Required
Section 203.0521. Acquisition of Remainder
Section 203.053. Location of Property Acquired; Public Property
Section 203.054. Attorney General Shall Bring Suit
Section 203.055. Acquisition of Rights in Public Real Property
Section 203.056. Consent to Use of State Property
Section 203.057. Cooperation of State Agency
Section 203.058. Compensation for State Agency
Section 203.059. Purchase of Lease Rights
Section 203.060. Payment Procedure
Section 203.061. Payment Procedure if Owner Fails to Deliver Executed Deed; Escrow
Section 203.062. Payment for Real Property Acquired by Eminent Domain
Section 203.063. Payment Procedures in Addition to Other Procedures Authorized by Law
Section 203.064. Acquisition of Freeway by Gift or Devise
Section 203.065. Acquisition of Freeway by County Commissioners Court
Section 203.066. Declaration of Taking for Toll Project
Section 203.067. Possession of Property for Toll Project
Section 203.068. Right of Entry for Toll Project
Section 203.069. Covenants, Conditions, Restrictions, or Limitations