Texas § 203.067 POSSESSION OF PROPERTY FOR TOLL PROJECT.

Texas Statutes

§ 203.067 — POSSESSION OF PROPERTY FOR TOLL PROJECT.

Texas § 203.067

Code TNTransportation Code

This text of Texas § 203.067 (POSSESSION OF PROPERTY FOR TOLL PROJECT.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Transportation Code Code Ann. § 203.067 (2026).

Text

Sec. 203.067. POSSESSION OF PROPERTY FOR TOLL PROJECT.

(a)Immediately on the filing of a declaration of taking under Section 203.066 , the department shall serve a copy of the declaration on each person possessing an interest in the condemned property by a method prescribed by Section 21.016 (d), Property Code. The department shall file evidence of the service with the clerk of the court. On filing of that evidence, the department may take possession of the property pending the litigation.

(b)If the condemned property is a homestead or a portion of a homestead as defined by Section 41.002 , Property Code, the department may not take possession sooner than the 91st day after the date of service under Subsection (a).

(c)A property owner or tenant who refuses to vacate the property or yiel

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Sec. 203.067. POSSESSION OF PROPERTY FOR TOLL PROJECT. (a) Immediately on the filing of a declaration of taking under Section 203.066 , the department shall serve a copy of the declaration on each person possessing an interest in the condemned property by a method prescribed by Section 21.016 (d), Property Code. The department shall file evidence of the service with the clerk of the court. On filing of that evidence, the department may take possession of the property pending the litigation.
(b) If the condemned property is a homestead or a portion of a homestead as defined by Section 41.002 , Property Code, the department may not take possession sooner than the 91st day after the date of service under Subsection (a).
(c) A property owner or tenant who refuses to vacate the property or yield possession is subject to forcible entry and detainer under Chapter 24 , Property Code.
Transferred from Transportation Code, Section 361.138 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702 ), Sec. 2.13, eff. June 14, 2005.

Legislative History

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 312, Sec. 19, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 15.19, eff. June 21, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.03, eff. Jan. 11, 2004.