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Texas Transportation Code - Section 370.168. Acquisition Of Rights In Public Real Property

Legal Research Home > Texas Laws > Transportation Code > Texas Transportation Code - Section 370.168. Acquisition Of Rights In Public Real Property

§ 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 
transportation project.
	(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 
area.
	(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