Transportation Code § 172.157

Sec. 172.157. EMINENT DOMAIN. (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. Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.