Tex. Transp. Code § 174.158 · 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) 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.
(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.174.htm
- Text hash
- sha256 64a8c5bbd7015625b44a7273bf8c6942f25e6fc25a41a55d0aaecd27eb66a430
- 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 § 174.158. 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.