Texas Transportation Code - Section 370.168. Acquisition Of Rights In Public Real Property
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Texas Laws > Transportation Code > Texas Transportation Code - Section 370.168. Acquisition Of Rights In Public Real Property
Section: 370.161 370.162 370.163 370.164 370.165 370.166 370.167 370.168 370.169 370.170 370.171 370.172 370.173 370.174 370.175
§ 370.168. ACQUISITION OF RIGHTS IN PUBLIC REAL
PROPERTY. (a) An authority may use real property, including
submerged land, streets, alleys, and easements, owned by this state
or a local government that the authority considers necessary for
the construction or operation of a transportation project.
(b) This state or a local government having charge of public
real property may consent to the use of the property for a
(c) Except as provided by Section 228.201, this state or a
local government may convey, grant, or lease to an authority real
property, including highways and other real property devoted to
public use and rights or easements in real property, that may be
necessary or convenient to accomplish a purpose of the authority,
including the construction or operation of a transportation
project. A conveyance, grant, or lease under this section may be
made without advertising, court order, or other action other than
the normal action of this state or local government necessary for a
conveyance, grant, or lease.
(d) This section does not deprive the School Land Board of
the power to execute a lease for the development of oil, gas, and
other minerals on state-owned real property adjoining a
transportation project or in tidewater limits. A lease may provide
for directional drilling from the adjoining property or tidewater
(e) This section does not affect the obligation of the
authority under another law to compensate this state for acquiring
or using 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, § 2.01, eff. June 21,
2003. Amended by Acts 2005, 79th Leg., ch. 281, § 2.69, eff.
June 14, 2005.
Last modified: August 11, 2007