Texas Utilities Code

§ 186.056 — VALUATION OF RIGHTS ACQUIRED

UT § 186.056Title 4. DELIVERY OF UTILITY SERVICES · Part B. PROVISIONS REGULATING DELIVERY OF SERVICES · Ch. 186. PROVISIONS TO ENSURE THE RELIABILITY AND INTEGRITY OF UTILITY SERVICE · Art. E. CONSTRUCTION AND MAINTENANCE OF FACILITIES ALONG, OVER, UNDER, OR ACROSS RAILROAD RIGHT-OF-WAY

Statute text

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(a)In the absence of an agreement to convey a permanent easement for the continued right to use a preexisting facility located in a railroad right-of-way, a utility, common carrier, cable operator, or energy transporter may obtain the right to continuously use the right-of-way through the exercise of eminent domain under Chapter 21, Property Code.

(b)The award of damages due the railroad under an eminent domain proceeding as provided by Subsection (a) is:

(1)the market value of the real property interest to be used; and

(2)if a portion of the railroad's right-of-way is taken, damages, if any, to the railroad's remaining property.

(c)The railroad may also recover:

(1)reasonable costs and expenses for interference with railroad operations, including internal costs for providing flagging services; and

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Legislative history

Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.