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Texas Transportation Code - Section 51.005. Land Acquisition

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§ 51.005. LAND ACQUISITION.  (a) The commission may 
acquire by gift, purchase, or condemnation property or an interest 
in property that the commission considers necessary to enable it to 
meet its responsibilities under this chapter, including, except as 
provided by Subsection (b)(3), easements and rights-of-way for 
dredge material disposal sites or channel alteration.
	(b)  The commission may not:                                                   
		(1)  acquire oil, gas, sulphur, or other minerals that 
may be recovered without using the surface of land acquired by the 
commission for exploration, drilling, or mining purposes;
		(2)  condemn any submerged public land under the 
jurisdiction of the School Land Board;  or
		(3)  condemn private property along Reach 1, Reach 2, 
Reach 4, Reach 5, and Reach 6 of the Gulf Coast Intracoastal 
Waterway as defined by the Draft Laguna Madre GIWW Dredged Material 
Management Plan prepared by the Army Corps of Engineers and the 
Interagency Coordination Team dated October 11, 2002, for use as a 
disposal site for dredged material from the Laguna Madre unless the 
commission determines that:
			(A)  there is no state or federal land available 
that can be used for that purpose;  and
			(B)  the state's failure to acquire the property 
will result in the closure of any segment of the Gulf Coast 
Intracoastal Waterway located in this state.
	(c)  An agency or political subdivision of the state may 
convey, without advertisement, title or rights and easements owned 
by the agency or political subdivision to any property the 
commission needs to meet its responsibilities under this chapter.
	(d)  Repealed by Acts 2003, 78th Leg., ch. 191, § 4, eff. 
Sept. 1, 2003.  

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 1457, § 1, eff. Sept. 1, 2001;  Acts 
2003, 78th Leg., ch. 191, § 2, 4 eff. Sept. 1, 2003.

Last modified: August 10, 2007