For toll projects, the department may file a declaration of taking only after required environmental, hearing, notice, and occupant-notice steps are completed, and it must include specified information and a court deposit.
Sec. 203.066. DECLARATION OF TAKING FOR TOLL PROJECT. (a) This section and Section 203.067 apply only to a taking for a toll project. (b) The department may file a declaration of taking with the clerk of the court: (1) in which the department files a condemnation petition under Chapter 21, Property Code; or (2) to which the case is assigned. (c) The department may file the declaration of taking concurrently with or subsequent to the petition but may not file the declaration after the special commissioners have made an award in the condemnation proceeding. (d) The department may not file a declaration of taking before the completion of: (1) all environmental documentation, including a final environmental impact statement or a record of decision, that is required by federal or state law; (2) all public hearings and meetings, including those held in connection with the environmental process and under Sections 201.604 and 203.021, that are required by federal or state law; (3) all notifications required by Section 203.022; and (4) if the property contains a business, farm, or ranch, a written notification to the property owner that the occupants: (A) will not be required to move before the 90th day after the date of the notice; and (B) will receive, not later than the 30th day before the date by which the property must be vacated, a written notice specifying the date by which the property must be vacated. (e) 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 department 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 toll project. (f) A deposit to the registry of the court of an amount equal to the appraised value, as determined by the department, of the property to be condemned must accompany the declaration of taking. (g) 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. (h) The filing of a declaration of taking does not affect the special commissioners' hearing or any other proceeding under Chapter 21, Property Code. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 920, Sec. 9, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 312, Sec. 18, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 15.18, eff. June 21, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.02, eff. Jan. 11, 2004. Transferred from Transportation Code, Section 361.137 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.13, eff. June 14, 2005.