Texas Transportation Code 172.157 – Eminent Domain
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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.
Terms Used In Texas Transportation Code 172.157
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(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.