An authority may file a declaration of taking in the proper court, but not before required environmental and notice steps are completed or after the special commissioners’ award. The filing must include specified property and ownership details, and a court registry deposit equal to the appraised value must accompany it.
Sec. 370.164. DECLARATION OF TAKING. (a) An authority may file a declaration of taking with the clerk of the court: (1) in which the authority files a condemnation petition under Chapter 21, Property Code; or (2) to which the case is assigned. (b) An authority may file the declaration of taking concurrently with or subsequent to the filing of the condemnation petition but may not file the declaration after the special commissioners have made an award in the condemnation proceeding. (c) An authority may not file a declaration of taking before the completion of all: (1) environmental documentation, including a final environmental impact statement or a record of decision, that is required by federal or state law; (2) public hearings and meetings, including those held in connection with the environmental rules adopted by the authority under Section 370.188, that are required by federal or state law; and (3) notifications required by the rules adopted by the authority under Section 370.188. (d) The declaration of taking must include: (1) a specific reference to the legislative authority for the condemnation; (2) a description and plot plan of the real property to be condemned, including the following information if applicable: (A) the municipality in which the property is located; (B) the street address of the property; and (C) the lot and block number of the property; (3) a statement of the property interest to be condemned; (4) the name and address of each property owner that the authority can obtain after reasonable investigation and a description of the owner's interest in the property; and (5) a statement that immediate possession of all or part of the property to be condemned is necessary for the timely construction of a transportation project. (e) A deposit to the registry of the court of an amount equal to the appraised value as determined by the authority of the property to be condemned must accompany the declaration of taking. (f) The date on which the declaration is filed is the date of taking for the purpose of assessing damages to which a property owner is entitled. (g) After a declaration of taking is filed, the case shall proceed as any other case in eminent domain under Chapter 21, Property Code. Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.