Sec. 366.163. ACQUISITION OF PROPERTY. (a) An authority may acquire in the name of the authority public or private real and other property it determines necessary or convenient for the construction, operation, maintenance, expansion, or extension of a turnpike project or for otherwise carrying out this chapter.
(b) The property an authority may acquire under this subchapter includes all or any portion of, and rights in and to:
(1) public or private land, streets, alleys, rights-of-way, parks, playgrounds, and reservations;
(2) franchises;
(3) easements;
(4) licenses; and
(5) other interests in real and other property.
(c) An authority may acquire real property by any method, including purchase and condemnation. An authority may purchase public or private real property on the terms and at the price the authority and the property owner consider reasonable.
(d) 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 compensation for damages to the person's property under Section 17, Article I, Texas Constitution.
(e) Subsection (d) does not affect the obligation of the authority under other state law to compensate the state for acquiring or using property owned by or on behalf of the state.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
Structure Texas Statutes
Subtitle G - Turnpikes and Toll Projects
Chapter 366 - Regional Tollway Authorities
Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects
Section 366.161. Turnpike Projects Extending Into Other Counties
Section 366.162. Powers and Procedures of Authority in Acquiring Property
Section 366.163. Acquisition of Property
Section 366.164. Right of Entry
Section 366.165. Condemnation of Real Property
Section 366.166. Declaration of Taking
Section 366.167. Possession of Property
Section 366.168. Severance of Real Property
Section 366.169. Acquisition of Rights in Public Real Property
Section 366.170. Compensation for and Restoration of Public Property
Section 366.171. Public Utility Facilities
Section 366.172. Lease, Sale, or Conveyance of Turnpike Project
Section 366.174. Authority Revolving Fund
Section 366.175. Use of Surplus Revenue
Section 366.176. Exemption From Taxation or Assessment
Section 366.177. Actions Affecting Existing Roads
Section 366.178. Failure or Refusal to Pay Toll
Section 366.179. Use and Return of Transponders
Section 366.180. Controlled Access to Turnpike Projects
Section 366.181. Promotion of Toll Roads
Section 366.182. Operation of Turnpike Project
Section 366.184. Disadvantaged Businesses
Section 366.185. Engineering, Design, and Construction Services