Texas Transportation Code 370.169 – Compensation for and Restoration of Public Property
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(a) Except as provided by Section 370.035, an authority may not pay compensation for public real property, parkways, streets, highways, alleys, or reservations it takes, other than:
(1) a park, playground, or designated environmental preserve;
(2) property owned by or on behalf of this state that under law requires compensation to this state for the use or acquisition of the property; or
(3) as provided by this chapter.
(b) Public property damaged in the exercise of a power granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable.
Terms Used In Texas Transportation Code 370.169
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) An authority has full easements and rights-of-way through, across, under, and over any property owned by the state or any local government that are necessary or convenient to construct, acquire, or efficiently operate a transportation project or system under this chapter. This subsection does not affect the obligation of the authority under other law, including § 373.102, to compensate or reimburse this state for the use or acquisition of an easement or right-of-way on 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.