Tex. Transp. Code Section 366.170
Compensation for and Restoration of Public Property

(a)

Except as provided by Section 366.035 or Section 366.165 (Condemnation of Real Property)(c), an authority may not pay compensation for public real property, parkways, streets, highways, alleys, or reservations it takes, except for:

(1)

parks and playgrounds;

(2)

property owned by or on behalf of the state that under state law requires compensation to the state for the use or acquisition of the property; or

(3)

as provided by this chapter.

(b)

Public property damaged in the exercise of powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable.

(c)

An authority has full easements and rights-of-way through, across, under, and over any property owned by the state or any local governmental entity that are necessary or convenient to construct, acquire, or efficiently operate a turnpike project or system under this chapter. This subsection does not affect the obligation of the authority under other state law, including Section 373.102 (Reimbursement for Use of Right-of-way), to compensate or reimburse the state for the use or acquisition of an easement or right-of-way on property owned by or on behalf of the state. An authority’s use of property owned by or on behalf of the state is subject to any covenants, conditions, restrictions, or limitations affecting that property.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 7, eff. June 17, 2011.

Source: Section 366.170 — Compensation for and Restoration of Public Property, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­366.­htm#366.­170 (accessed Jun. 5, 2024).

366.001
Short Title 366.002
Purposes 366.003
Definitions 366.004
Construction Costs Defined 366.031
Creation and Expansion of a Regional Tollway Authority 366.032
Nature of Regional Tollway Authority 366.033
General Powers 366.034
Establishment of Turnpike Systems 366.036
Transfer of Turnpike Project or System 366.037
Other Highway Projects 366.038
Tolling Services 366.071
Expenditures for Feasibility Studies 366.072
Feasibility Study Fund 366.073
Feasibility Study by Municipality, County, Other Local Governmental Entity, or Private Group 366.111
Turnpike Revenue Bonds 366.112
Interim Bonds 366.113
Payment of Bonds 366.114
Effect of Lien 366.115
Bond Indenture 366.116
Approval of Bonds by Attorney General 366.117
Furnishing of Indemnifying Bonds or Pledges of Securities 366.118
Applicability of Other Law 366.161
Turnpike Projects Extending into Other Counties 366.162
Powers and Procedures of Authority in Acquiring Property 366.163
Acquisition of Property 366.164
Right of Entry 366.165
Condemnation of Real Property 366.166
Declaration of Taking 366.167
Possession of Property 366.168
Severance of Real Property 366.169
Acquisition of Rights in Public Real Property 366.170
Compensation for and Restoration of Public Property 366.171
Public Utility Facilities 366.172
Lease, Sale, or Conveyance of Turnpike Project 366.173
Revenue 366.174
Authority Revolving Fund 366.175
Use of Surplus Revenue 366.176
Exemption from Taxation or Assessment 366.177
Actions Affecting Existing Roads 366.178
Failure or Refusal to Pay Toll 366.179
Use and Return of Transponders 366.180
Controlled Access to Turnpike Projects 366.181
Promotion of Toll Roads 366.182
Operation of Turnpike Project 366.183
Audit 366.184
Disadvantaged Businesses 366.185
Engineering, Design, and Construction Services 366.251
Board of Directors 366.252
Conflict of Interest 366.253
Surety Bonds 366.254
Removal of Director 366.255
Compensation of Director 366.256
Evidence of Authority Actions 366.257
Public Access 366.258
Indemnification 366.259
Purchase of Liability Insurance 366.260
Certain Contracts and Sales Prohibited 366.261
Strategic Plans and Annual Reports 366.262
Meetings by Telephone Conference Call 366.301
Department Contributions to Turnpike Projects 366.302
Agreements to Construct, Maintain, and Operate Turnpike Projects 366.303
Agreements Between Authority and Local Governmental Entities 366.304
Additional Agreements of Authority 366.0311
Advisory Committee for Projects Located Outside Authority 366.401
Comprehensive Development Agreements 366.402
Process for Entering into Comprehensive Development Agreements 366.403
Confidentiality of Information 366.404
Performance and Payment Security 366.405
Ownership of Turnpike Projects 366.406
Liability for Private Obligations 366.407
Terms of Private Participation 366.408
Rules, Procedures, and Guidelines Governing Selection and Negotiating Process 366.409
Use of Contract Payments 366.2575
Board Vote on County Request
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 366.170’s source at texas​.gov