reglab/housing_qa huggingface dataset:
TX Transp Code § 203.052 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.052. Commission Determination Required

Sec. 203.052.  COMMISSION DETERMINATION REQUIRED.  (a)  The commission may acquire an interest in real property, a property right, or a material under Section 203.051 only if the commission determines that the acquisition is necessary or convenient to a state highway to be constructed, reconstructed, maintained, widened, straightened, or extended.(b)  Property necessary or convenient to a state highway for purposes of Subsection (a) includes an interest in real property, a property right, or a material that the commission determines is necessary or convenient to:(1)  protect a state highway;(2)  drain a state highway;(3)  divert a stream, river, or other watercourse from the right-of-way of a state highway;(4)  store materials or equipment for use or used in the construction or maintenance of a state highway;(5)  construct or operate a warehouse or other facility used in connection with the construction, maintenance, or operation of a state highway;(6)  lay out, construct, or maintain a roadside park;(7)  lay out, construct, or maintain a parking lot that will contribute to maximum use of a state highway with the least possible congestion;(8)  mitigate an adverse environmental effect that directly results from construction or maintenance of a state highway;(9)  subject to Subsection (c), provide a location for an ancillary facility that is anticipated to generate revenue for use in the design, development, financing, construction, maintenance, or operation of a toll project, including a gas station, garage, store, hotel, restaurant, or other commercial facility;(10)  construct or operate a toll booth, toll plaza, service center, or other facility used in connection with the construction, maintenance, or operation of a toll project; or(11)  accomplish any other purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a state highway.(c)  The commission may not acquire property for an ancillary facility through the exercise of eminent domain, unless the acquisition of the property is for one of multiple ancillary facilities included in a comprehensive development plan approved by the county commissioners court of each county in which the property is located.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.10, eff. June 14, 2005.Acts 2005, 79th Leg., 2nd C.S., Ch. 1 (S.B. 7), Sec. 3, eff. November 18, 2005.|
TX Transp Code § 203.0521 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.0521. Acquisition of Remainder

Sec. 203.0521.  ACQUISITION OF REMAINDER.  (a)  If a proposed acquisition of a tract of real property under Section 203.052 would leave the owner of the property a remainder of the tract, the department may negotiate for and purchase the remainder or any part of a severed real property if the department and the owner agree on terms for the purchase.  The department shall offer, except as provided by Subsection (f), to purchase a remainder if the department determines that:(1)  the remainder has little or no value or utility to the owner; or(2)  the entire tract could be acquired for substantially the same compensation as the partial tract.(b)  In acquiring real property under Section 203.051, if the acquisition severs an owner's real property, the department shall pay:(1)  the value of the property acquired; and(2)  the damages 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-1)  If a portion of a tract or parcel of real property that, for the then current tax year was appraised for ad valorem tax purposes under a law enacted under Section 1-d or 1-d-1, Article VIII, Texas Constitution, and that is outside the municipal limits or the extraterritorial jurisdiction of a municipality with a population of 25,000 or more is condemned for state highway purposes, the special commissioners shall consider the loss of reasonable access to or from the remaining property in determining the damage to the property owner.(c)  Instead of a single fixed payment for real property purchased under Subsection (a) for a toll project, the department may agree to a payment to the owner in the form of:(1)  an intangible legal right to receive a percentage of identified revenue attributable to the applicable segment of the toll project; or(2)  a right to use, without charge, a segment or part of the toll project.(d)  A right to receive revenue under Subsection (c)(1) is subject to any pledge of the revenue under the terms of a trust agreement securing bonds issued for the applicable segment of the toll project.(e)  The department and its designated agents may enter the real property to conduct an appraisal, survey, or environmental investigation to determine whether the department will offer to acquire the real property.(f)  The department is not required under Subsection (a) to make an offer on a remainder if an appraisal or environmental investigation indicates the presence of hazardous materials or substances.|Added by Acts 1997, 75th Leg., ch. 224, Sec. 1, eff. May 23, 1997.Amended by: Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.11, eff. June 14, 2005.|
TX Transp Code § 203.053 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.053. Location of Property Acquired; Public Property

Sec. 203.053.  LOCATION OF PROPERTY ACQUIRED;  PUBLIC PROPERTY.  (a)  The authorization under this subchapter to purchase or exercise the power of eminent domain is not affected by the location of the real property, the location of the real property right, or the location of the material.  This subsection applies without regard to whether the location is in or outside a municipality.(b)  Under this subchapter, the commission may purchase or condemn real property, property rights, and materials that belong to the public, whether under the jurisdiction of the state, a state agency, a county, a municipality, including a home-rule municipality, or an entity or subdivision of a county or municipality.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 203.054 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.054. Attorney General Shall Bring Suit

Sec. 203.054.  ATTORNEY GENERAL SHALL BRING SUIT.  (a)  Except as provided by Subsection (b), the attorney general, at the request of the commission, shall bring and prosecute a condemnation suit of the commission under this subchapter.(b)  At the request of the attorney general, the appropriate county or district attorney or criminal district attorney shall prosecute the suit.(c)  The suit shall be brought in the name of this state.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 203.055 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.055. Acquisition of Rights in Public Real Property

Sec. 203.055.  ACQUISITION OF RIGHTS IN PUBLIC REAL PROPERTY.  (a)  The governing body of a political subdivision or public agency that owns or is in charge of public real property may consent to the use of the property for highway purposes.(b)  The governing body of a political subdivision or public agency may, without advertisement, convey the title to or rights or easements in real property that the department needs for highway purposes.(c)  Notwithstanding any law to the contrary, at the request of the department, a political subdivision or a state agency may lease, lend, grant, or convey to the department real property, including a highway or real property currently devoted to public use, that may be necessary or appropriate to accomplish the department's purposes.  The political subdivision or state agency may lease, lend, grant, or convey the property:(1)  on terms the subdivision or agency determines reasonable and fair; and(2)  without advertisement, court order, or other action or formality other than the regular and formal action of the subdivision or agency concerned.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.12, eff. June 14, 2005.|
TX Transp Code § 203.056 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.056. Consent to Use of State Property

Sec. 203.056.  CONSENT TO USE OF STATE PROPERTY.  (a)  The commission may use real property owned by the state, including submerged real property, that the commission could acquire under this subchapter for highway purposes.(b)  This section does not deprive the School Land Board of authority to execute a lease authorized by law for the development of oil, gas, or another mineral on state-owned real property adjoining a state highway or in a tidewater limit and for that purpose a lease executed by the School Land Board may provide for directional drilling from real property adjoining a state highway or from a tidewater area.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 203.057 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.057. Cooperation of State Agency

Sec. 203.057.  COOPERATION OF STATE AGENCY.  (a)  The commission shall advise and make arrangements with the state agency that has jurisdiction over the state-owned real property to accomplish the purpose of Section 203.056.(b)  The state agency shall cooperate with the department in connection with the use of real property under Section 203.056.  If the agency is not expressly authorized to act through a designated representative, the agency may do whatever act is necessary under Section 203.056 by and through the presiding officer of its board, or its department head or executive director, as appropriate.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 203.058 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.058. Compensation for State Agency

Sec. 203.058.  COMPENSATION FOR STATE AGENCY.  (a)  If the acquisition of real property, property rights, or material by the department from a state agency under this subchapter will deprive the agency of a thing of value to the agency in the exercise of its functions, adequate compensation for the real property, property rights, or material shall be made.(b)  The compensation shall be paid on vouchers drawn for this purpose payable to the state agency providing the real property, property rights, or material.(c)  A payment made to an agency furnishing real property, property rights, or material shall be credited to the appropriation item or account for that agency from which expenditures of that character were originally made.(d)  If an appropriation item or account as described by Subsection (c) does not exist, the payment shall be credited to the appropriate account of the state agency, as determined by the comptroller.(e)  If the department and the state agency are unable to agree on adequate compensation, the General Land Office shall determine the fair, equitable, and realistic compensation to be paid.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 203.059 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.059. Purchase of Lease Rights

Sec. 203.059.  PURCHASE OF LEASE RIGHTS.  (a)  Before acquiring property under this subchapter, the department may purchase the right to lease the property to a third party.(b)  The department may make a purchase under Subsection (a) only if the department first determines that the owner is unable to lease or rent the property because of the impending acquisition by the department.(c)  The consideration for the purchase of a lease right under this section may not exceed the fair market rental value of the property as determined by the department and shall be credited against the total compensation due the owner when the department acquires the property.(d)  Payment under this section may be made in periodic increments until the property is acquired by the department.  The aggregate total of payments before acquisition may not exceed the department's approved appraised value of the property.(e)  The department shall adopt rules to implement this section.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 203.060 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.060. Payment Procedure

Sec. 203.060.  PAYMENT PROCEDURE.  The comptroller may issue a warrant on the appropriate account to pay for real property or an interest in real property when presented with a properly executed deed for the real property or interest.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 203.061 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.061. Payment Procedure if Owner Fails to Deliver Executed Deed; Escrow

Sec. 203.061.  PAYMENT PROCEDURE IF OWNER FAILS TO DELIVER EXECUTED DEED;  ESCROW.  (a)  If the owner of property acquired by the department under this subchapter fails to deliver an executed deed before payment of consideration, the comptroller may issue a warrant on the appropriate account in payment of the consideration.  The consideration shall be placed in escrow with a national or state bank that is:(1)  authorized to do business in this state;  and(2)  located in the county of the residence of the owner or the county in which the real property is located.(b)  If there is not a bank that satisfies the requirements of Subsection (a)(2), the consideration shall be placed in a national or state bank authorized to do business in this state in an adjoining county or the nearest available banking facility.(c)  Consideration placed in escrow under this section shall be delivered to the owner on receipt of the properly executed deed.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 203.062 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.062. Payment for Real Property Acquired by Eminent Domain

Sec. 203.062.  PAYMENT FOR REAL PROPERTY ACQUIRED BY EMINENT DOMAIN.  (a)  If the department acquires real property through the exercise of the power of eminent domain, the comptroller may issue a warrant as required by the judgment of the court.(b)  The comptroller may also issue a warrant to be deposited into the court as required by law to entitle the department to take possession of the property.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 203.063 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.063. Payment Procedures in Addition to Other Procedures Authorized by Law

Sec. 203.063.  PAYMENT PROCEDURES IN ADDITION TO OTHER PROCEDURES AUTHORIZED BY LAW.  The payment procedures specified by Sections 203.060, 203.061, and 203.062 are in addition to any other procedure or method authorized for the issuance of a warrant by the comptroller on request of the department.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 203.064 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.064. Acquisition of Freeway by Gift or Devise

Sec. 203.064.  ACQUISITION OF FREEWAY BY GIFT OR DEVISE.  (a)  The commission may acquire by gift or devise a property necessary to lay out, construct, maintain, or operate a section of a state highway as a freeway.(b)  In this section, "freeway" means a state highway for which the right of access to or from adjoining real property has been acquired in whole or in part from the owners of the adjoining property by the commission.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 203.065 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.065. Acquisition of Freeway by County Commissioners Court

Sec. 203.065.  ACQUISITION OF FREEWAY BY COUNTY COMMISSIONERS COURT.  (a)  A county commissioners court may acquire by gift, devise, purchase, or condemnation a property necessary to lay out, construct, maintain, or operate a section of a state highway as a freeway.(b)  In this section, "freeway" has the meaning assigned by Section 203.064(b).|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 203.067 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.067. Possession of Property for Toll Project

Sec. 203.067.  POSSESSION OF PROPERTY FOR TOLL PROJECT.  (a)  Immediately on the filing of a declaration of taking under Section 203.066, the department 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 department shall file evidence of the service with the clerk of the court.  On filing of that evidence, the department may take possession of the property 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, the department may not take possession sooner than the 91st 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.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 312, Sec. 19, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.19, eff. June 21, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.03, eff. Jan. 11, 2004.Transferred from Transportation Code, Section 361.138 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.13, eff. June 14, 2005.|
TX Transp Code § 203.068 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.068. Right of Entry for Toll Project

Sec. 203.068.  RIGHT OF ENTRY FOR TOLL PROJECT.  (a)  The department and its authorized agents may enter any real property, water, or premises in this state to make a survey, sounding, drilling, or examination it determines necessary or appropriate for the purposes of the development of a toll project.(b)  An entry under this section is not:(1)  a trespass; or(2)  an entry under a pending condemnation proceeding.(c)  The department shall make reimbursement for any actual damages to real property, water, or premises that result from an activity described by Subsection (a).|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 312, Sec. 43, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.41, eff. June 21, 2003.Transferred from Transportation Code, Section 361.233 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.13, eff. June 14, 2005.|
TX Transp Code § 203.069 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter D. Acquisition of Property|Section 203.069. Covenants, Conditions, Restrictions, or Limitations

Sec. 203.069.  COVENANTS, CONDITIONS, RESTRICTIONS, OR LIMITATIONS.  Covenants, conditions, restrictions, or limitations affecting property acquired in any manner by the department are not binding against the department and do not impair the department's ability to use the property for a purpose authorized by this chapter.  The beneficiaries of the covenants, conditions, restrictions, or limitations are not entitled to enjoin the department from using the property for a purpose authorized under this chapter, but this section does not affect the right of a person to seek damages to the person's property under Section 17, Article I, Texas Constitution.|Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.13, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 312, Sec. 21, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.21, eff. June 21, 2003.Transferred from Transportation Code, Section 361.142 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.13, eff. June 14, 2005.|
TX Transp Code § 203.091 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle A - Texas Department of Transportation|Chapter 203 - Modernization of State Highways; Controlled Access Highways|Subchapter E. Relocation of Utility Facilities|Section 203.091. Definition

Sec. 203.091.  DEFINITION.  In this subchapter, "utility" includes a publicly, privately, or cooperatively owned utility that provides telephone, telegraph, communications, electric, gas, heating, water, railroad, storm sewer, sanitary sewer, or pipeline service.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|