Texas Transportation Code

§ 173.159 — EMINENT DOMAIN

TN § 173.159Title 5. RAILROADS · Part I. SPECIAL DISTRICTS · Ch. 173. INTERMUNICIPAL COMMUTER RAIL 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)The power of eminent domain under this section does not apply to:

(1)land under the jurisdiction of the department or a metropolitan transit authority; or

(2)a rail line owned by a common carrier or municipality.

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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.