Texas Transportation Code 370.167 – Severance of Real Property
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(a) If a transportation project of an authority severs a property owner’s real property, the authority shall pay:
(1) the value of the property acquired; and
(2) the damages, if any, to the remainder of the owner’s property caused by the severance, including damages caused by the inaccessibility of one tract from the other.
(b) At its option, an authority may negotiate for and purchase the severed real property or any part of the severed real property if the authority and the property owner agree on terms for the purchase. An authority may sell and dispose of severed real property that it determines is not necessary or useful to the authority. Severed property must be appraised before being offered for sale by the authority.
Terms Used In Texas Transportation Code 370.167
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.