Court Opinions

State Laws

US Code

US Constitution

Texas Transportation Code - Section 453.107. Use And Acquisition Of Property Of Others

Legal Research Home > Texas Laws > Transportation Code > Texas Transportation Code - Section 453.107. Use And Acquisition Of Property Of Others

§ 453.107. USE AND ACQUISITION OF PROPERTY OF 
OTHERS.  (a) A transit department may not alter or damage any 
property of this state or a political subdivision of this state or 
owned by a person rendering public services and may not disrupt 
services being provided by others or inconvenience in any other 
manner an owner of property, without first having obtained:
		(1)  the written consent of the owner;  or                                    
		(2)  the right from the governing body of the 
municipality to take the action under the municipality's power of 
eminent domain.
	(b)  A transit department may agree with an owner of property 
to provide for:
		(1)  a necessary relocation or alteration of property 
by the owner or a contractor chosen by the owner;  and
		(2)  the reimbursement by the transit department to the 
owner of the costs incurred by the owner in making the relocation or 
alteration.
	(c)  The transit department shall pay the cost of any 
relocation, rerouting, or other alteration in the construction made 
under this chapter and is liable for any damage to property 
occurring because of the change.
	(d)  The department shall permit a transit department to 
construct a separate area adjacent to a highway under the 
jurisdiction of the department so that buses may safely board and 
discharge passengers without impeding the flow of traffic.  The 
location, design, and construction standards of an area constructed 
under this subsection must be approved by the department to ensure 
the safety of the traveling public.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2005, 79th Leg., ch. 1281, § 1, eff. June 18, 2005.

Last modified: August 11, 2007