78th Texas Legislature, Third Called Session, House Bill 2, Chapter 8 Page: 1 of 35
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CHAPTER 8 H.B. No. 2
1 AN ACT
2 relating to the construction, acquisition, financing, maintenance,
3 management, operation, ownership, and control of transportation
4 facilities and the progress, improvement, policing, and safety of
5 transportation in the state; making appropriations.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7 ARTICLE 1. TEXAS TURNPIKE AUTHORITY DIVISION OF
8 TEXAS DEPARTMENT OF TRANSPORTATION
9 SECTION 1.01. Section 361.136, Transportation Code, as
10 amended by House Bill Nos. 3184 and 3588, Acts of the 78th
11 Legislature, Regular Session, 2003, is reenacted to read as
13 Sec. 361.136. SEVERANCE OF REAL PROPERTY. (a) If a
14 turnpike project severs an owner's real property, the department
15 shall pay:
16 (1) the value .of the property acquired; and
17 (2) the damages to the remainder of the owner's
18 property caused by the severance, including damages caused by the
19 inaccessibility of one tract from the other.
20 (b) The department may negotiate for and purchase the
21 severed real property or either part of the severed real property if
22 the department and the owner agree on terms for the purchase.
23 Instead of a single fixed payment for the real property, the
24 department may agree to a payment to the owner in the form of:
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Texas. Legislature. House of Representatives. 78th Texas Legislature, Third Called Session, House Bill 2, Chapter 8, legislative document, October 15, 2003; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth157992/m1/1/: accessed August 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.