Sec. 366.167. POSSESSION OF PROPERTY. (a) Immediately on the filing of a declaration of taking, an authority shall serve a copy of the declaration on each person possessing an interest in the condemned property by a method prescribed by Section 21.016(d), Property Code. The authority shall file evidence of the service with the clerk of the court. On filing of that evidence, the authority may take possession of the property on the same terms as if a commissioners hearing had been conducted, pending the litigation.
(b) If the condemned property is a homestead or a portion of a homestead as defined by Section 41.002, Property Code, an authority may not take possession before the 31st day after the date of service under Subsection (a).
(c) A property owner or tenant who refuses to vacate the property or yield possession is subject to forcible entry and detainer under Chapter 24, Property Code.
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