Texas Transportation Code 174.158 – Eminent Domain
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(a) A district may exercise the power of eminent domain to acquire:
(1) real property in fee simple; or
(2) an interest in real property 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
(2) a rail line owned by a common carrier or municipality.
Terms Used In Texas Transportation Code 174.158
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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) To the extent possible, the district shall use existing rail or intermodal transportation corridors for the alignment of its system.
(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 commuter 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.