Sec. 366.165. CONDEMNATION OF REAL PROPERTY. (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;
(3) necessary for access, approach, and interchange roads;
(4) necessary to provide proper drainage and ground slope for a turnpike project; or
(5) necessary otherwise to implement this chapter.
(c) An authority may construct a supplemental facility only on real property the authority purchases.
(d) An authority shall, in a statement or petition in condemnation, exclude from the interest to be condemned all the oil, gas, and sulphur that can be removed from beneath the real property. This exclusion shall be made without providing the owner of the oil, gas, or sulphur any right of ingress or egress to or from the surface of the land to explore, develop, drill, or mine the real property.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
Amended by:
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.
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