Sec. 370.164. DECLARATION OF TAKING. (a) An authority may file a declaration of taking with the clerk of the court:
(1) in which the authority files a condemnation petition under Chapter 21, Property Code; or
(2) to which the case is assigned.
(b) An authority may file the declaration of taking concurrently with or subsequent to the filing of the condemnation petition but may not file the declaration after the special commissioners have made an award in the condemnation proceeding.
(c) An authority may not file a declaration of taking before the completion of all:
(1) environmental documentation, including a final environmental impact statement or a record of decision, that is required by federal or state law;
(2) public hearings and meetings, including those held in connection with the environmental rules adopted by the authority under Section 370.188, that are required by federal or state law; and
(3) notifications required by the rules adopted by the authority under Section 370.188.
(d) The declaration of taking must include:
(1) a specific reference to the legislative authority for the condemnation;
(2) a description and plot plan of the real property to be condemned, including the following information if applicable:
(A) the municipality in which the property is located;
(B) the street address of the property; and
(C) the lot and block number of the property;
(3) a statement of the property interest to be condemned;
(4) the name and address of each property owner that the authority can obtain after reasonable investigation and a description of the owner's interest in the property; and
(5) a statement that immediate possession of all or part of the property to be condemned is necessary for the timely construction of a transportation project.
(e) A deposit to the registry of the court of an amount equal to the appraised value as determined by the authority of the property to be condemned must accompany the declaration of taking.
(f) The date on which the declaration is filed is the date of taking for the purpose of assessing damages to which a property owner is entitled.
(g) After a declaration of taking is filed, the case shall proceed as any other case in eminent domain under Chapter 21, Property Code.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Structure Texas Statutes
Subtitle G - Turnpikes and Toll Projects
Chapter 370 - Regional Mobility Authorities
Subchapter E. Acquisition, Construction, and Operation of Transportation Projects
Section 370.161. Transportation Projects Extending Into Other Counties
Section 370.162. Powers and Procedures of Authority in Acquiring Property
Section 370.163. Acquisition of Property
Section 370.164. Declaration of Taking
Section 370.165. Possession of Property
Section 370.166. Participation Payment for Real Property
Section 370.167. Severance of Real Property
Section 370.168. Acquisition of Rights in Public Real Property
Section 370.169. Compensation for and Restoration of Public Property
Section 370.170. Public Utility Facilities
Section 370.171. Lease, Sale, or Conveyance of Transportation Project
Section 370.173. Authority Revolving Fund
Section 370.174. Use of Surplus Revenue
Section 370.175. Exemption From Taxation or Assessment
Section 370.176. Actions Affecting Existing Roads
Section 370.177. Failure or Refusal to Pay Turnpike Project Toll; Offense; Administrative Penalty
Section 370.178. Use and Return of Transponders
Section 370.179. Controlled Access to Turnpike Projects
Section 370.180. Promotion of Transportation Project
Section 370.181. Operation of Transportation Project
Section 370.183. Disadvantaged Businesses
Section 370.185. Competitive Bidding
Section 370.186. Contracts With Governmental Entities
Section 370.187. Project Approval
Section 370.189. Department Maintenance and Operation
Section 370.190. Property of Certain Transportation Authorities
Section 370.191. Commercial Transportation Processing Systems