Sec. 366.170. COMPENSATION FOR AND RESTORATION OF PUBLIC PROPERTY. (a) Except as provided by Section 366.035 or Section 366.165(c), an authority may not pay compensation for public real property, parkways, streets, highways, alleys, or reservations it takes, except for:
(1) parks and playgrounds;
(2) property owned by or on behalf of the state that under state law requires compensation to the state for the use or acquisition of the property; or
(3) as provided by this chapter.
(b) Public property damaged in the exercise of powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable.
(c) An authority has full easements and rights-of-way through, across, under, and over any property owned by the state or any local governmental entity that are necessary or convenient to construct, acquire, or efficiently operate a turnpike project or system under this chapter. This subsection does not affect the obligation of the authority under other state law, including Section 373.102, to compensate or reimburse the state for the use or acquisition of an easement or right-of-way on property owned by or on behalf of the state. An authority's use of property owned by or on behalf of the state is subject to any covenants, conditions, restrictions, or limitations affecting that property.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 7, eff. June 17, 2011.
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