Texas Transportation Code

§ 112.051 — ENTRY ONTO PRIVATE PROPERTY

TN § 112.051Title 5. RAILROADS · Part C. RAILROADS GENERALLY · Ch. 112. POWERS AND DUTIES OF RAILROADS · Art. B. ACQUISITION AND USE OF PROPERTY BY RAILROAD OR OF RAILROAD

Statute text

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(a)A railroad company is entitled to make an examination and survey for the company's proposed railway, to be performed as necessary to select the most advantageous route for the proposed railway, and, subject to Subsection (c), may enter on the lands or waters of any person or corporation for that purpose.

(b)A railroad company is responsible for any damages arising from an examination or survey under this section.

(c)Except for the purposes of performing a lineal survey, a railroad company may not enter on private real property for the purpose of condemning the property or any material on the property for any purpose until the company agrees with and pays the owner of the property all damages that may be caused to the owner's property by the condemnation of the property and by the construction of the company's road.

Legislative history

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.