Texas Transportation Code

§ 172.157 — EMINENT DOMAIN

TN § 172.157Title 5. RAILROADS · Part I. SPECIAL DISTRICTS · Ch. 172. RURAL RAIL TRANSPORTATION DISTRICTS · Art. D. GENERAL POWERS AND DUTIES

Statute text

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(a)A district may exercise the power of eminent domain to acquire:

(1)land in fee simple; or

(2)any interest less than fee simple in, on, under, or above land, including an easement, right-of-way, or right of use of airspace or subsurface space.

(b)A district may not exercise the power of eminent domain in a manner that would unduly interfere with interstate commerce.

(c)An eminent domain proceeding brought by a district is governed by Chapter 21, Property Code, except to the extent inconsistent with this chapter.

(d)An eminent domain proceeding is begun by the board's adoption of a resolution declaring that the district's acquisition of the property or interest described in the resolution:

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Legislative history

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.