Sec. 370.169. COMPENSATION FOR AND RESTORATION OF PUBLIC PROPERTY. (a) Except as provided by Section 370.035, an authority may not pay compensation for public real property, parkways, streets, highways, alleys, or reservations it takes, other than:
(1) a park, playground, or designated environmental preserve;
(2) property owned by or on behalf of this state that under law requires compensation to this state for the use or acquisition of the property; or
(3) as provided by this chapter.
(b) Public property damaged in the exercise of a power 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 government that are necessary or convenient to construct, acquire, or efficiently operate a transportation project or system under this chapter. This subsection does not affect the obligation of the authority under other law, including Section 373.102, to compensate or reimburse this state for the use or acquisition of an easement or right-of-way on property owned by or on behalf of this state. An authority's use of property owned by or on behalf of this state is subject to any covenants, conditions, restrictions, or limitations affecting that property.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 8, eff. June 17, 2011.
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