Tex. Transp. Code § 173.159 · 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) The power of eminent domain under this section does not apply to:
(1) land under the jurisdiction of the department or a metropolitan transit authority; or
(2) a rail line owned by a common carrier or municipality.
(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.
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.173.htm
- Text hash
- sha256 d8481b3b835ce3abd09dbe720492e411c833be0cb495b7c0401633a9e3e2a303
- 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
Cited by 1 provision
Provisions in this library whose text cites Tex. Transp. Code § 173.159. Each shows the citation as that text prints it.
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.