(a) After the plats are filed for record, the Commission immediately shall:
(1) File, in the court for the county in which the property to be acquired is located, a petition for condemnation that includes:
(i) The name and address of the property owner;
(ii) The location of the property to be acquired; and
(iii) The estimated fair value of the property to be acquired and estimated fair compensation for any damage resulting to the remaining property of the owner; and
(2) Pay to the owner of the property or into the court for the owner’s benefit, the estimated fair value and fair compensation specified in the petition.
(b) On written request to the clerk of the court, the property owner is entitled to receive any amount paid into the court for the property owner’s benefit, within 10 business days of the request, without prejudice to any of the property owner’s rights, if the property owner agrees to repay to the Commission any excess of that amount over the final award that is allowed in the subsequent condemnation proceedings.
(c) A payment made under this section does not limit in any way the amount of the final award that may be allowed in the subsequent condemnation proceedings.
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