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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:
(1) is a public necessity; and
(2) is necessary and proper for the construction, extension, improvement, or development of rail facilities and is in the public interest.
(e) The resolution is conclusive evidence of the public necessity of the proposed acquisition and that the real property or interest in property is necessary for public use.
Cite this article: FindLaw.com - Texas Transportation Code - TRANSP § 172.157. Eminent Domain - last updated April 14, 2021 | https://codes.findlaw.com/tx/transportation-code/transp-sect-172-157.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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