Texas Transportation Code

§ 91.093 — RIGHT OF ENTRY

TN § 91.093Title 5. RAILROADS · Part B. STATE RAIL FACILITIES · Ch. 91. RAIL FACILITIES · Art. E. ACQUISITION AND DISPOSAL OF PROPERTY

Statute text

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(a)To acquire property necessary or convenient for a rail facility, the department may enter any premises or real property, including a body of water, to make a survey, geotechnical evaluation, sounding, or examination.

(b)An entry under Subsection (a) or (d) is not:

(1)a trespass; or

(2)an entry under a pending condemnation procedure.

(c)The department shall make reimbursements for actual damages that result from an entry under Subsection (a) or (d).

(d)To ensure the safety and convenience of the public, the department shall, when entering any real property, water, or premises on which is located a public utility facility:

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Legislative history

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.