Tex. Transp. Code § 172.157 · Subchapter D. GENERAL POWERS AND DUTIES
EMINENT DOMAIN.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/TN/htm/TN.172.htm
- Text hash
- sha256 fa5527b35f5b0aef04ffa57bce064ce7e331592ac33caa7ea22881269f770cad
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 2 provisions
Provisions in this library whose text cites Tex. Transp. Code § 172.157. Each shows the citation as that text prints it.
Transportation Code
- Tex. Transp. Code § 172.1571RESTORATION OF CERTAIN EXPIRED EMINENT DOMAIN AUTHORITY.Printed as Section 172.157
- Tex. Transp. Code § 172.305LIMIT ON POWER.Printed as Section 172.002, 172.151, 172.152, 172.153, 172.154, 172.155, 172.157, 172.158, 172.159, 172.160, 172.201, 172.202, 172.203, 172.204, 172.205, 172.206, 172.207, 172.208, 172.209, 172.210, 172.251, 172
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.