Tex. Util. Code § 186.056 · Subchapter E. CONSTRUCTION AND MAINTENANCE OF FACILITIES ALONG, OVER, UNDER, OR ACROSS RAILROAD RIGHT-OF-WAY
VALUATION OF RIGHTS ACQUIRED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In the absence of an agreement to convey a permanent easement for the continued right to use a preexisting facility located in a railroad right-of-way, a utility, common carrier, cable operator, or energy transporter may obtain the right to continuously use the right-of-way through the exercise of eminent domain under Chapter 21, Property Code.
(b) The award of damages due the railroad under an eminent domain proceeding as provided by Subsection (a) is:
(1) the market value of the real property interest to be used; and
(2) if a portion of the railroad's right-of-way is taken, damages, if any, to the railroad's remaining property.
(c) The railroad may also recover:
(1) reasonable costs and expenses for interference with railroad operations, including internal costs for providing flagging services; and
(2) reasonable costs and expenses to repair any damage to its facilities caused by the maintenance, operation, or upgrade of the preexisting utility, common carrier, cable operator, or energy transporter facilities.
(d) The payment by the utility, common carrier, cable operator, or energy transporter determined under this section is the only compensation due to the railroad for the perpetual use of the interest obtained.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 1087, Sec. 2, eff. Sept. 1, 2003.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/UT/htm/UT.186.htm
- Text hash
- sha256 5397d540146f149c2f783a66e8e2152d1af8e300884eb2828ec4208fdf7dc08b
- 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
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