Sec. 370.167. SEVERANCE OF REAL PROPERTY. (a) If a transportation project of an authority severs a property owner's real property, the authority shall pay:
(1) the value of the property acquired; and
(2) the damages, if any, to the remainder of the owner's property caused by the severance, including damages caused by the inaccessibility of one tract from the other.
(b) At its option, an authority may negotiate for and purchase the severed real property or any part of the severed real property if the authority and the property owner agree on terms for the purchase. An authority may sell and dispose of severed real property that it determines is not necessary or useful to the authority. Severed property must be appraised before being offered for sale by the authority.
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